into Section 396(7) of the ACJA, 2015: that the provision
would also override any provision of the Constitution to the
contrary of Section 396(7) ACJA.
The Constitution is the
grund norm from which the ACJA, 2015 derived its
legitimacy. Section 1(3) of the Constitution is emphatic –
If any other law is inconsistent with the
provisions of this Constitution, this
Constitution shall prevail, and that
other law shall to the extent of the
inconsistency be avoid.
We had had previous decisions of this Court in
OGBUNYINYA & ORS v. OKUDO & ORS (1979) NSCC 77
and OUR LINE LTD v. S.C.C NIGERIA LTD & ORS (2009)
17 NWLR (pt. 1170) 383 to the effect that Hon, Justice
Nnaemeka-Agu, Judge of Anambra State, and Hon. Justice
Iguh, Chief Judge of Anambra State, having respectively
been elevated to the Federal Court of Appeal (predecessor
14