Court of Appeal to usurp the statutory functions of the Chief
Judge of the Federal High Court. The powers donated or
vested by Sections 1(2)(a) and 19(3) & (4) of the Federal
High Court can only be exercised within the limits prescribed
by statute (SANUSI v. AYOOLA (1992) 9 NWLR (pt. 265)
275 at 293) and only by the authority or person to whom they
are donated or vested. An exercise of any statutory power
either outside the limits prescribed or by the person or
authority not designated to exercise the power will certainly
be ultra vires, null and void.
My Lords, I now come back to the reason the lower
Court gave for the inapplicability of the principle laid down by
this Court in OUR LINE LTD v. SCC (NIG) LTD (supra) in
which the case of OGBUNYINYA v. OKUDO (supra) was
cited with approval. The lower Court acknowledged that the
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