T. O. ELIAS, C.J.N. (Delivering the Ruling of the Court): At the beginning of the hearing of this appeal before us at Enugu on 7th March, 1973, Mr A. Obi-Okoye, learned counsel for the respondent raised a preliminary objection, of which he had duly filed notice, that the appeal was not properly before the court and should be struck out or dismissed. The alleged ground of the objection is that "the purported appeal which was against the decision of the High Court (Enugu) in its appellate jurisdiction was entered direct to this court without leave of the said High Court. "
After ascertaining from the argument of counsel on both sides that the matter would involve an important question of constitutional interpretation, we decided to refer the constitutional issue to the Full Court sitting in Lagos on 28th March, 1973.
Mr Obi-Okoye submitted before the Full Court that the decision of the High Court of Enugu being appealed from was given in the judge's appellate jurisdiction in an appeal f…