Appellant was thereafter called upon to enter upon his
defence.
In his appeal against the ruling, the Appellant
challenged the competence of M. B. Idris, JCA to continue to
sit and hear the matter: FHC/CR/56/07 then pending before
the Federal High Court, Lagos.
The Court of Appeal
(hereinafter called “the lower court”) heard arguments in the
appeal on 7th February, 2019 and on 24th April, 2019, in the
considered judgment the justices of the lower Court
unanimously dismissed the appeal – hence this further
appeal.
This appeal is predicated on facts that are neither
complex nor convoluted. The Honourable, Justice M. B. Idris
was until 20th June, 2018 a Judge of the Federal High Court.
On 20th June, 2018 he was elevated the Court of appeal and
on 22nd June, 2018 he took his oath of allegiance and oath of
8