permitting or authorising the affected
Hon. Justice of the Court of Appeal
and Supreme Court respectively, to
conclude
the
matters
they
commenced, but could not conclude
before their elevations.
The principle laid down and stated in
the two (2) cases that a Judge
elevated or appointed to a higher
court would cease to be a Judge of
the court from which he was elevated
and
would
therefore
lack
the
requisite statutory provisions (sic:
jurisdiction?) allowing or authorising
him to do so, is still extant and
applicable in appropriate cases.
It is, however not, applicable in the
Appellant’s case since the provisions
of Section 369(7) (sic: 396(7)) of the
ACJA
specifically
permit
and
authorise the Hon. M. B. Idris, JCA,
to sit in the lower court as a Judge of
17