JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): A ruling by the Federal High Court of Justice holden at Lagos (the court below) to hear the preliminary objection of the appellant qua 2nd defendant at the court below to the originating motion together with the originating motion occasioned the appeal.
In summary, the 1st respondent brought an originating motion at the court below challenging the special examination of the banker's books kept by the then Intercontinental Bank Plc under the 1st respondent as the Group Chief Executive (G.C.E.) of the defunct Intercontinental Bank in the course of which the 1st respondent was indicted and subsequently removed as the G.C.E. of the said bank by the appellant acting in concert with the 2nd respondent and the N.D.I.C. that examined the said bankers books.
Upon service of the originating motion on the appellant, she filed a memorandum of conditional appearance without filing a counter affidavit against the originating motion.…