I. L. KUTIGI, AG. CJN (Delivering the Leading Ruling): By section 239(1)(b) and (c) of the 1999 Constitution, original jurisdiction is conferred on the Court of Appeal to "hear and determine any question as to whether:
(b) the term of office of the President or Vice-President has ceased; or
(c) the office of President or Vice-President has become vacant."
The plaintiff by originating summons pursuant to the said section 239 applied to the Court of Appeal for the determination of the following (3) questions -
"I. Whether having regard to the combined provisions of section 135 and 142(2) of the Constitution of the Federal Republic of Nigeria, 1999, the plaintiff's terms of office as Vice-President, Federal Republic of Nigeria which commenced on 29th of May, 2003 still subsists.
2. Whether having regard to the provisions of sections 142, 143, 144 and 146 of the Constitution of the Federal Republic of Nigeria, 1999, or any other provisions of the Constitution of the Federal Republic of Ni…