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