The Federal High Court in Abuja has dismissed a N50 billion fundamental rights enforcement suit filed by Philip Shaibu, former Edo State deputy governor, against ex-Governor Godwin Obaseki and four others.
Justice Peter Lifu, on Monday, dismissed the case after Anita Oteh, representing Shaibu, applied to withdraw the suit, citing an out-of-court settlement among the parties involved.
“Parties in the suit have resolved their differences, and we are, therefore, withdrawing the case,” Oteh told the court.
However, Aliyu Abdulkadir, who appeared for the Attorney-General of the Federation (AGF), the 4th defendant, expressed surprise at the development, stating he was unaware of any settlement.
“If there is any settlement, we should be informed so that we are well guided,” he said. “However, we are not opposed to the application for withdrawal and will also not be asking for a cost, but I will make a simple request.”
Abdulkadir then urged the court to dismiss the matter instead of merely striking it out, a move Oteh opposed, asking the court to grant their withdrawal application.
Ruling on the matter, Justice Lifu held that since issues had already been joined in the case, a dismissal was the appropriate course of action.
“In view of the fact that issues have been joined in this matter, this suit is hereby dismissed in its entirety,” he ruled.
According to court documents obtained by the News Agency of Nigeria (NAN), Shaibu had filed the suit, marked FHC/ABJ/CS/914/2024, on July 19, 2024, although it was dated July 4. The suit named the Governor of Edo State, the Inspector-General of Police, the Director of the Department of State Services (DSS), the AGF, and the Attorney General of Edo State as the 1st to 5th defendants.
Shaibu sought an order compelling the defendants to jointly pay him N50 billion in aggravated and exemplary damages for what he described as the unlawful violation of his fundamental rights. He also requested a perpetual injunction restraining the defendants and their agents from arresting, detaining, or further violating his rights without court approval.
He also asked for N100 million to cover the cost of filing the suit.
In his sworn statement, Shaibu stated that his tenure as deputy governor was to end on November 11, 2024. He alleged that, acting on Obaseki’s instructions and with the cooperation of the Inspector-General of Police, he was “unlawfully removed” from office before the end of his term, a matter he noted was already pending before the court.
He also claimed that following his removal, the IGP withdrew his security personnel and that he was later served a notice by the Edo State Government, dated July 2, 2024, demanding the return of 22 official vehicles in his possession.
Shaibu asked the court to declare Obaseki’s alleged attempt to use law enforcement agencies to arrest him as unlawful and a violation of his rights under the 1999 Constitution.
On Monday, no legal representation was recorded for the 1st, 2nd, 3rd, and 5th defendants.
Federal High Court presided over by Justice James Omotosho had, on July 17, 2024, reinstated Shaibu as deputy governor, declaring his earlier impeachment by the Edo State House of Assembly illegal.
