be judge(s) of that Court by the fact of his elevation to the Court of Appeal or otherwise. Upon his elevation to the Court of Appeal the Honourable, M. B. Idris, JCA had ceased to be a Judge of the Federal High Court: OGBUNYINYA v. OKUDO (supra); OUR LINE LTD v. SCC NIG LTD (supra). I do not think that it is reasonable to construe Section 252(2) of the Constitution together with Section 396(7) of the ACJA, 2015 to mean or to have the effect of extending the tenure of office of a Judge of the Federal High Court who had been elevated to the Court of Appeal and whose tenure had ceased by the fact of the elevation. The appointing power, of course, resides only in the Presidency; that is, the Executive arm and not in the Legislature nor the Judicature. 25

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