The Federal High Court in Abuja has dismissed a N50bn fundamental rights enforcement suit filed by former Edo State Deputy Governor Philip Shaibu against former Governor Godwin Obaseki and four others.
Justice Peter Lifu gave the ruling on Monday after Anita Oteh, counsel to Shaibu, applied to withdraw the suit, citing a settlement among the parties.
Shaibu, on July 4, 2024, through his lawyer, Egwuaba Reuben, sued his former principal for his alleged removal from office and withdrawal of his security personnel.
The suit marked FHC/ABJ/CS/914/2024 had Obaseki, the Inspector-General of Police, the Director of the Department of State Services (DSS), the Attorney General of the Federation (AGF), and the Attorney General of Edo State listed as 1st to 5th defendants, respectively.
At Monday’s resumed hearing, Oteh told the court that “parties in the suit have settled their differences, hence the need to withdraw the suit.”
However, counsel to the Attorney-General of the Federation (AGF), Aliyu Abdulkadir, who is the 4th defendant in the matter, said he was not aware of any such settlement.
“If there is any settlement, we should be informed so that we are well guided. 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 said.
He then urged the court not to dismiss the suit, but Oteh objected, asking the court to go ahead with its dismissal.
Justice Lifu, in his ruling, held that “this suit is hereby dismissed in its entirety.”
In his suit, Shaibu had sought various reliefs, including a declaration that his fundamental rights had been violated.
He sought “an order of the court awarding the sum of N50bn 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 prayed for “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 facts of the case without the leave of the court.”
Shaibu additionally sought “the sum of N100m as the cost of filing the suit.”
In his witness statement on oath, Shaibu stated, “I was elected Deputy Governor of Edo and my tenure was to end on November 11, 2024.”
“On the instigation of Obaseki and with the aid of the I-G, 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.”
“Upon discovery that I had been removed as deputy governor, the I-G withdrew all my security personnel, who ought to have protected my life until the expiration of my term in office.”
Shaibu said his attention was drawn to a publication on July 2, 2024, in which the Edo State government issued a notice directing the retrieval of 22 official government vehicles in his custody, among other things.
He urged the court to declare that “the attempt by the 1st defendant (Obaseki) to instigate the 2nd to 5th defendants to arrest me was unlawful and amounted to an attempt to infringe on my fundamental rights guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended).”
