Fuji music star, Wasiu Ayinde, popularly known as K1 De Ultimate (KWAM1), has withdrawn the suit he filed at an Ogun State High Court in Ijebu-Ode, seeking to stop the installation process of the next Awujale of Ijebuland.
Ayinde formally discontinued the suit through a Notice of Discontinuance dated December 22, 2025, which was filed before the court following correspondence from the Chairman of the Ijebu-Ode Local Government Area.
In the notice, the claimant urged the court to record the withdrawal of the case and make any order it deemed appropriate.
The development came a day after Justice A.A. Omoniyi of Court 3, Ijebu-Ode Judicial Division, refused to grant an ex parte motion filed by the musician, which sought an interim order restraining the installation process pending the determination of the substantive suit.
In his ruling, Justice Omoniyi held that an interim order could not be granted in the absence of a motion on notice, relying on established judicial authorities, including Seven Up v. Abiola and City Express v. LASG. The court noted that Supreme Court precedents require interim applications to be filed alongside motions on notice.
The judge further referenced Order 39 Rule 2 of the High Court of Ogun State (Civil Procedure) Rules, stressing that a court must not grant an ex parte injunction unless there is a corresponding motion on notice.
He added that the applicant also failed to provide an undertaking as to damages, which he described as a fundamental requirement in such applications.
“Where a procedure is laid down for making an order, that’s the only way to get the order. It is fatal to an application for an interim order not to file a motion on notice,” the judge ruled, before dismissing the application.
Explaining the reason for the withdrawal, the Notice of Discontinuance signed by Dr. Wahab Shittu, SAN, on behalf of Ayinde, stated that the suit was filed following a correspondence from the second respondent dated December 2, 2025, which has since been withdrawn.
The applicant, therefore, prayed the court to formally record the discontinuance of the suit and make appropriate orders.
