ADEREMI, JCA: (Delivering the Lead Judgment) In the court below, High Court of Lagos State, sitting at Ikeja (Coram Longe J.), the 1st respondent, as plaintiff filed an originating summons against the appellant as 1st defendant, the 2nd, 3rd and 4th respondents as 2nd, 3rd and 4th defendants respectively seeking the determination of the following questions:- Whether the 1st defendant, having attained the statutory age of 65 years on the 5th January, 1999 can continue to act, parade himself and issue directive as the Chief Judge of Lagos State in the light of the provisions of section 255 sub-sections (1) and (2) of the Constitution of the Federal Republic of Nigeria
Cap. 62 of the Laws of Federation of Nigeria, 1990 as amended by the Constitution of the Federal Republic of Nigeria (Amendment Decree) No. 6 of 1997. (2) In the light of the provisions of section 3(1) of the Constitution (Suspension and Modification) Decree No. 107 of 1993 which provides for the specific manner by which …