The Criminal Justice Act, 2015, under which the
President, Court of Appeal issued the FIAT/Permission
pursuant to Section 396(7) thereof (as opposed to the
Administration of Criminal Justice Act, 2015) does not exist in
the corpus juris of the Laws of the Federation of Nigeria,
particularly the 2015 edition thereof. Ordinarily, an act done
pursuant to, or in furtherance of, a non-existent law is itself a
nullity. It has no binding effect. As Ogundare, JSC had put it
in ADEFULU & OR v. OKULAJA & ORS (1996) LPELR – 90
(SC) at 34 “null and void” means that which binds no one or
is incapable of giving effect to any rights or obligations under
any circumstances, or that which is of no effect.
The parties, particularly the Appellant, seem to think that
the President, Court of Appeal, on 2nd July, 2018, issued his
“FIAT/permission” to Hon. Justice M. B. Idris, JCA, “to
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