“Now, Sec. 158(4) of the Constitution of the Federation reads: “(4) Where immediately before the date of the commencement of this Constitution any proceedings on appeal from a decision of the Federal Supreme Court are pending or any right to bring such proceedings has accrued, the proceedings or right shall abate on that date in so far as any question for determination in the relevant proceedings is- (a) a chieftaincy question; or (b) a question as to the interpretation of a Constitution or former Constitution of the Federation or a Region or as to the validity of an enactment which amends or purports to amend such a Constitution; and where immediately before that date any proceedings are pending in any court in Nigeria or any right has accrued to bring proceedings on appeal to such a court, the proceedings or right shall abate on that date in so far as any question for determination in the relevant proceedings is a chieftaincy question. “and Sec. 80 of the Constitution of Eastern Nigeria reads: “Notwithstanding any other provisions of this Constitution including in particular Section 16 of this Constitution, no chieftaincy question shall be entertained by any court in the Region.” #

Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in ENWEZOR V. ONYEJEKWE (1964) LCER-289(SC) (Pp 3 – 4, Paras E – D) #