Ogun 2023: Court dismisses Otegbeye’s suit against Dapo Abiodun, awards N.1m cost

Justice Oluremi Oguntoyinbo of the Federal High Court one, Abeokuta, Ogun State has dismissed a suit filed by a former All Progressives Congress (APC) governorship aspirant, Mr. Biyi Otegbeye , challenging the emergence of Prince Dapo Abiodun, as the governorship candidate of the party 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 Prof Yemi Oke. Independent National Electoral Commission (INEC), the first defendant, was represented by Damilola Akinduro, while Kehinde Ogunwumiju (SAN) and Tunde Ahmed Adejumo represented APC as second defendant, while Prof 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. 

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 and consequently dismissed the suit and a cost of N100,000 was also awarded against the Plaintiff.