that court concluding matters for the part heard commenced concluded by purpose him of criminal but not before his elevation to the (Court of Appeal) Mr. Rotimi Jacobs, SAN, of counsel to the 1st Respondent, the prosecutor, submits that “the law has changed since 2015 when the Administration of Criminal Justice Act was enacted”. The primary duty of the respondent’s counsel is ordinarily to defend the decision appealed. In the instant case he is on a discordant note with the decision appealed. The lower court had specifically stated that “the principle laid down and stated in the two (2) cases (i.e OGBUNYINYA v. OKUDO and OUR LINE LIMITED v. SCC NIGERIA (supra) 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 18