For the avoidance of doubt in regard to appeals in proceedings which were already in existence at the time when the Court of Appeal was set up in what was formerly known as the Western Region of Nigeria, and in order to facilitate further steps which may be deemed desirable in the present circumstances, we have decided to record here briefly our views and decision in the motion before us, spending such time as we shall give full reasons for our judgement.
We are in no doubt that section 35 of the Court of Appeal Edict, W.N., No. 15 of 1967, is inconsistent with the right of direct appeal from the High Court to the Supreme Court under section 117 of the Constitution of the Federation.
The aforesaid section 35 of the aforesaid Edict (No. 15 of 1967) is therefore, in our view, by reason of inconsistency void, pursuant to section 3 (4) of Degree No.1 of 1966.
We are therefore of the opinion that this Court is competent to entertain the present application before it. The appeal…