The Federal High Court in Abuja, on Monday, dismissed a N50 billion fundamental rights enforcement suit filed by Philip Shaibu, former Deputy Governor of Edo, against ex-Gov. 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 Shaibu.
Upon resumed hearing in the matter, Oteh informed the court that 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 4th defendant in the suit, told the court that he was not aware of the settlement.
According to him, 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,”;; he said.
Abdulkadir then prayed the court not to dismiss the suit but Oteh disagreed with Abdulkadir’s request, urging the court to grant their application for the withdrawal of the suit.
Justice 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.
Shaibu, in the writ of summons, had sued the Edo State Governor, the Inspector-General (I-G) of Police; the Director, Department of State Services, DSS, the AGF and Attorney General of Edo as 1st to 5th 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, Shaibu sought right reliefs.
The ex-deputy governor sought an order of the court awarding the sum of 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 facts of the case without the leave of the court.
The plaintiff equally sought the sum of N100 million as the cost of filing the suit.
In his witness statement of oath deposed to by himself, Shaibu averred that he was elected deputy governor of Edo and his tenure was to end on Nov. 11, 2024.
He, however, alleged that on 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.”;;
He further alleged that upon discovery that he had been removed as deputy governor, the I-G withdrew all his security personnel who ought to have protected his life until the expiration of his term in office.
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 1st defendant (Obaseki) to instigate the 2nd to 5th 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.
Justice James Omotosho of a sister court had, on July 17, 2024, reinstated Shaibu as Deputy governor, three months after the Edo House of Assembly impeached him.
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Justice Omotosho held that the impeachment by the House was illegal.
