Barrister Biyi Otegbeye, the Ogun State governorship candidate of the African Democratic Party, ADC, has discontinued his case against Governor Dapo Abiodun of Ogun State over the primaries of the All Progressives Congress in the State.

Otegbeye, who was amongst five aspirants who contested the governorship ticket with Abiodun on the platform of APC, had dragged the Governor to court, challenging his emergence as the candidate of the Party.

Otegbeye who was from the camp of the former Governor of the State and Senator representing Ogun Central at the National Assembly, Senator Ibikunle Amosun, lost the primaries to Abiodun after he was said to have scored zero, just like others, in the primary.

Journalists and party faithful at the MKO Abiola International Stadium, the venue of the primary, had noticed that a vote was announced in favour of Otegbeye, before it was later recorded as void vote after interventions from the State box.

Otegbeye who has since moved the ADC alongside other loyalists of Senator Amosun, had sought for the leave of the court to discontinue the case with suit number FHC/AB/CS/96/2022 which was instituted on June 8, 2022.

According to the motion on notice obtained by HorisonTimes, Otegbeye had sought for the order of the court granting the leave to discontinue the case against all respondents.

The Independent National Electoral Commission, INEC; All Progressives Congress, APC; and Dapo Abiodun were the first to third respondents, respectively, in the suit.

The motion which was filed on the 2nd day of August had prayed for ‘an order of this honourable court discontinuing this suit in its entirety against all the Respondents.’

The motion, brought pursuant to order 50 rule 2 and 3 of the Federal High Court civil procedure rules 2019 and under inherent jurisdiction of the court, was supported by an eight-paragraph affidavit deposed to by one Abayomi Ekundayo.

When the matter was called, Counsel to the Plaintiff, Professor Yemi Oke, informed the Court of the motion for discontinuance, other parties were not opposed to the motion.

Justice Oluremi Oguntoyinbo however dismissed a suit as prayed.

Clarifying the issue, Professor Oke explained that the motion was filed ‘several weeks ago to enable our client, (BOT) seek political solution under a new, better platform.’

“The Motion was filed immediately our client got an alternative and better option. As customary, once Motion to Discontinue is filed after parties have filed their respective arguments and defences, the court will dismiss the suit instead of striking-out.

“We conceded to the consequential order to dismiss the suit based on our Motion to Discontinue.”