2nd Defendant) which was pending at the Federal High Court,
Lagos at the time the said Honourable, M. B. Idris, JCA was
elevated to the Court of Appeal.
The enactment of Section 396(7) of ACJA, 2015 is an
attempt by the National Assembly, in view of this Court’s
interpretation of Section 254(1) of the 1979 Constitution
which is reproduced as the substantial part of Section 290(1)
of the 1999 Constitution, to whittle down the operation of the
said provisions of the Constitution. Ab initio Section 396(7)
of the ACJA, 2015 was set out to frontally contradict and
challenge the letters, substance and spirit of Section 290(1)
of the 1999 Constitution. To that extent Section 396(7) of the
ACJA, 2015 is inconsistent with the Constitution, particularly
Section 290(1) thereof. Therefore, by operation of Section
1(3) of the Constitution, Section 396(7) of the ACJA, 2015, to
35