TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): The Appeal is against the Judgment of the Federal High Court, Abuja delivered on the 3rd day of November, 2008.
The facts of the case are that the Appellant as Plaintiff instituted the suit at the Federal High Court Abuja by Originating Summons dated 4th day of May and filed on the 8th day of May 2007 against the 1st - 4th Respondents as defendants seeking Judicial interpretation and determination of certain questions relating to the Federation Account as reflected at pages 2 - 14 of the Record of Appeal. The 1st - 3rd Respondents as defendants at the Lower Court filed a Notice of preliminary objection dated 5th day of June, 2007 while 4th Respondent filled on 29/06/2007. By a motion dated 29th day of June, 2007, the 5th Respondent was joined as a party in the suit as the 5th defendant by order of Court on 03/07/2007. The 5th Respondent also filed a Notice of preliminary objection dated 12th day of July, 2007.
The 5th Respon…