A. O. OBASEKI, J.S.C (Delivering the Leading Judgement): This appeal raises two important constitutional issues. The first which goes to the extent of the jurisdiction of the Court as the highest and final court of appeal in the Federal Republic of Nigeria is:
"whether the Supreme Court sitting as a full court has jurisdiction to depart from the decision given previously on the same constitutional question by another full court of the Supreme Court."
The second issue which is no less important is
"whether in the instant appeal grounds exist which warrant a departure from the decision in the case Chief Dominic Onuorah Ifezue v. Livinus Mbadugha and Anor. (1984) 5 S.C. 79."
However, before embarking on a consideration of the two very important constitutional issues, a resume of the short history of the proceedings in this matter from its commencement in the High Court to the conclusion of the appeal in the Court of Appeal is desirable.
Proceedings were commenced in the High Court of…