A Federla High Court, presided over by Justice Oluremi Oguntoyinbo has dismissed a suit filed by a former gubernatorial aspirant of the All Progressives Congress, APC, in Ogun State, Mr. Biyi Otegbeye, challenging the emergence of the Ogun State governor, Prince Dapo Abiodun, as the governorship candidate of the APC for the 2023 general elections.
The matter came up on the 24th August, 2022 for the hearing on the preliminary objections and the originating summons.
The plaintiff was represented by Mr. Wale Taiwo, SAN, and Professor Yemi Oke. The first defendant, the Independent National Electoral Commission, INEC, was represented by Damilola Akinduro, while Kehinde Ogunwumiju, SAN, and Tunde Ahmed Adejumo, represented the APC, who was the second defendant; while Governor Abiodun was represented by Professor Taiwo Osipitan.
When the matter was called, counsel to the plaintiff informed the court that they had filed a motion for discontinuance of the suit as the applicant, Biyi Otegbeye, intended to pursue his remedy elsewhere.
Ogunwumiju, SAN, informed the court that the defendants were not opposed to the motion for discontinuance of the suit.
He however urged the court to dismiss the suit and award cost to the defendants rather than striking out the matter.
The presiding judge concurred with the defence counsel and consequently dismissed the suit and awarded a cost of N100,000 against the plaintiff.