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IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Lead Ruling): By a Motion on Notice dated 6th of June, 2013 and filed on same date, the applicant prayed for the following reliefs:
i. "AN ORDER of this Honourable Court substituting the deceased 2nd appellant (Alhaji Yesufu Alabi Amolegbe) with the applicant (Alhaji Sikiru Amolegbe) in this appeal.
ii. AN ORDER of this Honourable Court substituting the 1st respondent on record (Bank of Credit and Commerce International), with the Nigeria Deposit Insurance Corporation (the Corporation) in this appeal."
The Motion, submitted learned counsel for the applicant, was brought pursuant to Order 2 Rule 28(1); Order 8 Rules 9(1), (2), (11) and (12) of the Supreme Court Rules; Section 40 of the Nigeria Deposit Insurance Corporation Act 2006; Section 425 of the Companies and Allied Matters Act, Cap. C20 LFN, 2004 and under the inherent jurisdiction of this Honourable Court.
The motion was supported by five grounds and an affidavit in support of six …