The Federal High Court in Abuja on Monday dismissed a N50 billion fundamental rights enforcement suit filed by the former Deputy Governor of Edo State, Philip Shaibu, against former Governor Godwin Obaseki and others.
Justice Peter Lifu dismissed the suit following an application for withdrawal filed by Shaibu’s counsel, Anita Oteh.
When the matter resumed for hearing, Oteh informed the court that the parties had resolved their differences, hence the decision to withdraw the suit.
However, Aliyu Abdulkadir, counsel to the Attorney-General of the Federation (AGF), who is the 4th defendant in the suit, told the court he was unaware of any settlement.
“If there is any settlement, we ought to be informed so we can be properly guided,” he said. “Nonetheless, we are not opposed to the application for withdrawal and will not be seeking any costs. However, I will make a simple request.”
Abdulkadir then urged the court to dismiss the suit.
Oteh disagreed with Abdulkadir’s request, asking the court to allow the voluntary withdrawal of the matter instead.
In his ruling, Justice Lifu held that since issues had already been joined in the case, the appropriate legal step was to dismiss the suit.
“In view of the fact that issues have been joined in this matter, this suit is hereby dismissed in its entirety,” the judge ruled.
Philip Shaibu had filed the suit marked FHC/ABJ/CS/914/2024 on July 19, 2024, through his lawyer, Egwuaba Reuben. The suit was dated July 4, 2024.
Shaibu had sued the Edo State Governor, the Inspector-General of Police, the Director-General of the Department of State Services (DSS), the AGF, and the Attorney General of Edo State as 1st to 5th defendants, respectively.
In the writ of summons, he sought, among other reliefs, an order awarding N50 billion as aggravated and exemplary damages for the alleged violation of his fundamental rights. He also sought a perpetual injunction restraining the defendants and their agents from further arresting or detaining him without the court’s leave.
Additionally, the former deputy governor demanded N100 million as the cost of filing the suit.
In his statement of claim, Shaibu averred that he was elected deputy governor of Edo State and that his tenure was to end on November 11, 2024. He alleged that, on the instigation of Obaseki and with the aid of the Inspector-General of Police, he was unlawfully removed from office before the expiration of his term—a matter already pending before the court.
Shaibu further claimed that upon his removal, all his security details were withdrawn, leaving him vulnerable despite still being constitutionally in office.
He also referred to a July 2, 2024, government notice demanding the return of 22 official vehicles in his custody, which he claimed further infringed on his rights.
Shaibu asked the court to declare Obaseki’s alleged attempts to instigate the other defendants to arrest him as unlawful and a violation of his rights under the 1999 Constitution.
Notably, none of the 1st, 2nd, 3rd, or 5th defendants had legal representation in court on Monday.
Meanwhile, Justice James Omotosho of a sister court had, on July 17, 2024, reinstated Shaibu as deputy governor, declaring his earlier impeachment by the Edo State House of Assembly as illegal.