and Onnoghen, JSC at pages 414 – 415. That decision in
OUR LINE LTD v. SCC (NIG.) LTD (supra) holds sway. The
lower Court admitted that it is still a good law. It is, in my
opinion, material and applicable to this case in the resolution
of the core issue in this appeal, even under Section 290(1) of
the 1999 Constitution.
I have no doubt, whatever, that the Honourable, M. B.
Idris, JCA, having been elevated to the Court of Appeal, had
ceased to be a Judge of the Federal High Court.
Accordingly, he had been deprived of whatever jurisdiction
he had as a Judge of the Federal High Court to proceed in
the
case
“to
determination”
conclude
of
the
the
hearing
part-heard
and
criminal
ultimate
case
No.
FHC/ABJ/CR/56/07 – Between Federal Republic of Nigeria v.
Orji Uzor Kalu & Ors. (in which the Appellant herein was the
34