Courts—Court of Appeal—Jurisdiction—Constitutional issue—Court of Appeal sitting
as Supreme Court under Constitution, 1979, Sched. I, s. 3—Section 3 permitting
court to exercise functions as contained in articles 51, 117 and 118 only—Action for
declaration that A deemed Chief Justice and president of Supreme Court—Right for
declaration only mentioned in article 2—Article 2 not mentioned in section 3 of
Schedule I—Court precluded by express omission dealing with article 2—Whether
court vested with jurisdiction to declaration under article 118—Constitution, 1979,
arts. 2, 51, 117 and 118 and Sched. I, s. 3. 23 September 1980
Constitutional law—Constitution—Enforcement—Right of all citizens to resist persons
seeking abolition of constitutional order—Method of determining whether a person
seeking to abolish constitutional order is to seek interpretation and enforcement of
particular constitutional provision—A party seeking interpretation neither plaintiff nor
defendant—Unnecessary to prove personal interest in matter on which interpretation
and enforcement being sought—Claim on status of Chief Justice a constitutional right
exercisable by all citizens under article I—Unnecessary to prove community of
interest with any person or authority—Constitution, 1979, art. 1 (3).
Constitutional law—Parliament—Privileges and immunities—Proceedings against
Speaker—Courts without jurisdiction to inquire into legality of acts of Parliament—
Whether Speaker therefore immune from proceedings in court—Constitution, 1979,
arts. 91 (1), 96, 97, 98, 99, 103 and 104.
Constitutional law—Constitution—Estoppel—Effect—Action for interpretation of
status of holder of office of Chief Justice on coming into force of Constitution—
Submission by office-holder to procedure specified in article 127 (1)—Office-holder
aware of different legal interpretations as to whether necessary to submit to
procedure—Whether office-holder, privies and those claiming in same interest
estopped from challenging validity of procedure being applied to office-holder—
Constitution, 1979, art. 1 (2).
Constitutional law—Constitutional issue—Chief Justice—Status and procedure for
appointment—Determination before and after coining into force of Constitution,
1979—Office of Chief Justice of Court of Appeal and transitional Chief Justice—
Whether office in existence before coining into force of Constitution, 1979—Proper
construction of article 127 (8) and (9)—Meaning of "Shall be deemed" in article 127
(8)—Constitution, 1969—National Redemption Council (Establishment)
Proclamation, 1972—Courts (Amendment) Decree, 1972 (N.R.C.D. 101)-
Constitution, 1979, art. 127 (8) and (9) and Sched. I, ss. 1 (1) and 2 (1).