Section 305: Reference to the Court of Appeal

(1) Where a question as to the interpretation of the Constitution of the Federal Republic of Nigeria arises in the course of a trial and is referred to the Court of Appeal under the provisions of the Constitution, the court before which the question arose may in its discretion:
(a) adjourn the trial until the question has been considered and decided;
(b) conclude the trial and postpone the verdict until such time as the question has been considered and decided: or
(c) conclude the trial and pass sentence but suspend execution until such time as the question has been considered and decided,
and in any such case the court in its discretion shall commit the defendant or convict to prison or admit him to bail in accordance with the provisions in Part 19 of this Act.
(2) When the question referred to subsection (1)(a) of this section has been decided by the Court of Appeal the Court shall:
(a) continue the trial or discharge the defendant;
(b) acquit or convict the defendant; or
(c) order the execution of the sentence as the circumstance may require.