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JOSEPH SHAGBAOR IKYEGH, J.C.A.(Delivering the Leading Judgment): The appeal complains about the decision of the Federal High Court sitting in Lagos (the court below) by which it struck out the originating summons filed by the appellant against the respondents on the grounds sponsored by the 1st - 2nd respondents on a preliminary objection that the originating summons had no affidavit to support it as the paragraphs of the affidavit that accompanied it were defective and were struck out together with the originating summons.
The pith of the dispute that brought about the filing of the originating summons at the court below was that the 1st respondent in the course of auditing under capitalized banks which financially were impaired and required to be revamped therefore the 1st respondent decided to infuse N620 billion naira into the ailing banks to keep them financially afloat and avert their collapse. The appellant, an honourable member of the Federal House of Representatives represen…