Court dismisses ex-Edo deputy gov’s N50bn suit against Obaseki, others

Justice Peter Lifu of the Federal High Court sitting in Abuja has dismissed a N50 billion fundamental rights enforcement suit filed by former Deputy Governor of Edo State, Philip Shaibu, against the immediate past governor of the state, Godwin Obaseki, and four others.

Justice Lifu, in a ruling on Monday, dismissed the suit following the former deputy governor’s application for its withdrawal.

When the matter was called, counsel to Philip Shaibu, Anita Oteh, informed the court that parties in the suit had settled their differences, hence the application for withdrawal.

However, Aliyu Abdulkadir, who appeared for the Attorney General of the Federation (AGF), the fourth defendant in the suit, told the court that he was not aware of the settlement.

“If there is any settlement, we should be informed so that we will be well guided. However, we are not opposed to the application for withdrawal and will also not be asking for costs, but I will make a simple request. I will be asking that the matter be dismissed,” he said.

Oteh disagreed with the request by the fourth defendant and urged the court to grant the application for withdrawal.

In his ruling, Justice Lifu held that, “In view of the fact that issues have been joined in this matter, this suit is hereby dismissed in its entirety.”

Shaibu, in his writ of summons marked FHC/ABJ/CS/914/2024, filed on 19 July 2024 by his counsel, Egwuaba Reuben, joined the Edo State Governor, the Inspector General of Police (IGP), the Director of the Department of State Services (DSS), the AGF, and the Attorney General of Edo State as first to fifth defendants, respectively.

The plaintiff sought eight reliefs, including an order of the court directing the defendants to pay him the sum of N50 billion jointly or severally, as aggravated and exemplary damages 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 also sought the sum of N100 million as the cost of filing the suit.

In his witness statement on oath, which he deposed to personally, Shaibu averred that he was duly elected Deputy Governor of Edo State and that his tenure was to end on 11 November 2024.

However, on the instigation of Obaseki and with the aid of the IGP, “I was unlawfully removed from office before the expiration of my tenure, which same issue is a subject of litigation pending before this court.”

Upon discovering that he had been removed as Deputy Governor of Edo State, he said the IGP 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 wherein the Edo State Government issued a notice directing the retrieval of 22 official government vehicles in his custody, among others.

He wanted the court to hold that no official government vehicles allocated to him as Deputy Governor of Edo State were currently in his custody and that the attempt by the first defendant to instigate the second to fifth defendants to have him 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 others.

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