Justice Oluremi Oguntoyinbo of Federal High Court One has dismissed a suit by a former All Progressives Congress ( APC) governorship aspirant, Mr. Biyi Otegbeye, challenging the emergence of the Ogun State Governor, Prince Dapo Abiodun, as the governorship candidate of the All Progressives Congress (APC) for the 2023 elections.
The matter came up on the 24th August 2022 for the hearing of 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 All Progressives Congress APC) as the second defendant, and Professor Taiwo Osipitan represented Prince Dapo Abiodun.
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.
Kehinde 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 court agreed with the Counsel to and consequently dismissed the suit and a cost of N100, 000 was also awarded against the Plaintiff.
