the extent of its inconsistency with Section 290(1) of the
Constitution, is void.
I hereby allow this appeal. Section 396(7) of the ACJA,
2015 is, in my firm view, an unnecessarily gratuitous
legislative interference with, intrusion into or an outright
usurpation of the appointing powers of the Executive arm
consigned specifically to the President of the Federal
Republic of Nigeria by the Constitution in Sections 250(1)
and 238(2) thereof.
The “FIAT/permission” issued on 2nd
July, 2018, by the President, Court of Appeal to the
Honourable, Justice M. B. Idris, JCA to proceed to the
Federal High Court, Lagos and conclude the part-heard
criminal matter: FHC/ABJ/CR/56/07-, notwithstanding the
fact that the Honourable, Justice M. B. Idris, JCA, upon his
elevation to the Court of Appeal had ceased, not only to be a
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