RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The appellant was a High Court Judge in the Lagos State Judiciary. He was dismissed by the Lagos State Government on the advice of the National Judicial Council. Dissatisfied with the said dismissal the appellant filed suit No, FHC/L/CS/58/2001 claiming of the defendants the following:
"1. Declarations to the effect that upon the just and proper construction, for their true meaning and intendment, and for their true legal effect, of the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 which regulate The Honourable Mr. Justice Adebayo Manuwa's lawful tenure incumbent occupancy, Qua holder of the office of Honourable Judge of the High court of Lagos state, with effect from 18th July, 1996 until 12th December, 2000, (or alternatively, with effect from 18th July, 1996 until 8th December, 2000), inclusive.
(i) The Honourable Mr. Justice Adebayo Manuwa cannot lawfully be compelled to cease to hold and …