The Court the Hon. M. B. Idris, JCA, was elevated to as the Justice of the Court of Appeal is substantially an appellate Court. The President of the Court of Appeal by his “fiat/permission” issued to the Hon. M. B. Idris JCA to proceed to the Federal High Court, Lagos to conclude the part-heard criminal matter: FHC/ABJ/CR/56/07 – did not direct him to perform any of the constitutional functions of the Court of Appeal. The Court of Appeal, being not a first instance Court vested jurisdiction to hear and determine criminal causes or matters, lacks jurisdiction to dabble into such matters. Section 249 of the Constitution, the establishment provision regarding the Federal High Court, provides – 249.(1) There shall be a Federal High Court (2) The Federal High Court shall 22