HON. JUSTICE MAMAN KOLO V. ATTORNEY-GENERAL OF THE FEDERATION

ODUYEMI, JCA (Delivering the Lead Judgment): The appellant in this appeal, as plaintiff caused a writ of summons to be issued on 12th day of March, 1999 in the Federal High Court, Abuja Judicial Division against the A present respondent as 2nd defendant and the Provisional Ruling Council as 1st defendant. In a statement of claim filed in the said court (hereinafter referred to as the lower court) on 12th August, 1999, plaintiff claimed as follows in paragraph 29:-

“1. A DECLARATION that the purported retirement of the plaintiff as a Judge of the Federal High Court of Nigeria by the defendant is invalid, unconstitutional, null, void and of no effect.

2. A DECLARATION that the purported compulsory retirement of the plaintiff as a Judge of the Federal High Court of Nigeria by the defendant for alleged gross misconduct is irregular, illegal, unconstitutional, null and void in that the assumption of exercise of jurisdiction as a Judge of the Federal High Court by the plaintiff over a matt…