The Abuja Division of the Federal High Court on Monday dismissed a ₦50 billion fundamental rights enforcement suit filed by Philip Shaibu, former deputy governor of Edo, against ex-Governor Godwin Obaseki and others.
Justice Peter Lifu, in a ruling, dismissed the suit following an application to withdraw the suit by Anita Oteh, who appeared for Mr Shaibu.
Upon resumed hearing on the matter, Ms Oteh informed the court that the parties in the suit had settled their differences; hence, the need to withdraw the suit.
However, Aliyu Abdulkadir, who represented the Attorney-General of the Federation (AGF), the fourth defendant, told the court that he was unaware of the settlement.
“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,” he said.
Mr Abdulkadir then prayed the court to dismiss the suit, but Ms Oteh disagreed, urging the court to grant their application for the withdrawal of the suit.
Mr Lifu, in his ruling, held that, having joined issues in the matter, the proper thing was to dismiss the case.
“In view of the fact that issues have been joined in this matter, this suit is hereby dismissed in its entirety,” he ruled.
Mr Shaibu, in the writ of summons, had sued the former Edo State governor, inspector-general of police, the director of the State Security Services (SSS), AGF and the Attorney General of Edo as the first to fifth defendants, respectively.
In the suit marked FHC/ABJ/CS/914/2024 dated July 4, 2024, but filed July 19, 2024, by his counsel, Egwuaba Reuben, Mr Shaibu sought the right reliefs.
The ex-deputy governor sought an order of the court awarding N50 billion to him for aggravated and exemplary damages against the defendants to be paid jointly for the illegal and unconstitutional violation of his fundamental rights.
He also sought an order of perpetual injunction, restraining the defendants and their agents from further arresting or detaining him, repeating or continuing any act or further acts in violation of his fundamental rights on issues bordering on or connected to the facts of the case without the leave of the court.
The plaintiff equally sought N100 million as the cost of filing the suit.
In his witness statement of oath deposed to by himself, Mr Shaibu averred that he was elected deputy governor of Edo and his tenure was to end on November 11, 2024.
He, however, alleged that at the instigation of Mr Obaseki and with the aid of the IGP, “I was unlawfully removed from the office before the expiration of my tenure, which same issue is a subject of litigation pending before this court.”
He further alleged that upon discovery that he had been removed as deputy governor, the IGP withdrew all his security personnel.
Mr Shaibu also said his attention was drawn to a publication on July 2, 2024, wherein the Edo government issued a notice directing the retrieval of 22 official government vehicles in his custody, among others.
He, therefore, prayed the court to declare that the attempt by the first defendant (Mr Obaseki) to instigate the second to fifth defendants to be arrested was unlawful and amounted to an attempt to infringe on his fundamental rights guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended), among other reliefs.
No lawyer appeared for the first, second, third and fifth defendants on Monday.
Justice James Omotosho of a sister court had, on July 17, 2024, reinstated Mr Shaibu as deputy governor, three months after the Edo House of Assembly impeached him.
Mr Omotosho held that the impeachment by the House was illegal.