principle in OGBUNYINYA & ORS v. OKUDO & ORS (supra) is in tandem with”. I pause here awhile to have a peep at the establishment and enabling provisions of the 1999 Constitution as regards the Court of Appeal and the Federal High Court. Both courts are creations of the said Constitution, like the National Assembly. Section 237 of the Constitution establishing the Court of Appeal, provides, inter alia – 237(1) There shall be a Court of Appeal. (2) The Court of Appeal shall consist of – a) A President of the Court of Appeal; and b) such number of Justices of the Court of Appeal, - 20