(1)
Any office, court of law or authority which immediately before
the date when this section comes into force was established
and charged with any function by virtue of any other Constitution
or law shall be deemed to have been duly established and shall
continue to be charged with such function until other provisions
are made, as if the office, court of law or authority was established
and charged with the function by virtue of this Constitution
or in accordance with the provisions of a law made thereunder.
(2) Any person who immediately before the
date when this section comes into force holds office by virtue
of any other Constitution or law in force immediately before
the date when this section comes into force shall be deemed
to be duly appointed to that office by virtue of this Constitution
or by any authority by whom appointments to that office fall
to be made in pursuance of this Constitution.
(3) Notwithstanding the provisions of subsection
(2) of this section, any person holding such office, a member
of a court of law or authority, who would have been required
to vacate such office, or where his membership of such court
of law or authority would have ceased but for the provisions
of the said subsection (2) of this section, shall at the expiration
of the period prescribed therefor after the date when this
section comes into force vacte such office or, as the case
may be, his membership of such court of law or authority shall
cease, accordingly.
(4) The foregoing provisions of this section
are without prejudice to the exercise of such powers as may
be conferred by virtue of this constitution or a law upon
any authority or person to make provisions with respect to
such matters as may be prescribed or authorised by this constitution
or such law, including the establishment and abolition of
offices, courts of law or authorities, and with respect to
the appointment of persons to hold offices or to be members
of courts of law or authorities and their removal from such
offices, courts of law or authorities.
317.
(1)
Without prejudice to the generality of section 315 of this constitution,
any property, right, privilege, liability or obligation which
immediately before the date when this section comes into force
was vested in, exercisable or enforceable by or against-
(a)
the former authority of the Federation as representative or
trustee for the benefit of the Federation;
(b) any former authority of a state as representative
or trustee for the benefit of the state, shall on the date
when this section comes into force and without further assurance
than the provisions thereof vest in, or become exercisable
of enforceable by or against the President and Government
of the Federation, and the Governor and Government of the
state, as the case may be
(2) For
the purposes of this section -
(a)
the President and Government of the Federation, and the Governor
and Government of a state,
shall be deemed, respectively, to be successors
to the said former authority of the Federation and former
authority of the state in question; and
(b) references in this section to "former
authority of the Federation" and "former authority of a
state" include references to the former Government of the
Federation and the former government of a state, a local
government authority or any person who exercised any authority
on its behalf.
