Fuji musician Wasiu Ayinde, popularly known as K1 De Ultimate (KWAM1), has withdrawn his lawsuit at the Ogun State High Court, Ijebu-Ode, which sought to stop the installation of the next Awujale of Ijebuland.
Ayinde filed a Notice of Discontinuance on 22nd December 2025, following correspondence from the Chairman of the Ijebu-Ode Local Government Area, requesting the Court to record the withdrawal and issue any necessary orders.
Earlier, Justice A. A. Omoniyi of Court 3, Ijebu-Ode Judicial Division, had on Monday declined to grant the ex parte motion seeking an interim order to halt the installation of the new Awujale.
Justice Omoniyi ruled that an interim order was inappropriate before the substantive suit is determined, citing Seven Up v. Abiola and City Express v. LASG, and emphasized that interim applications must be filed with motions on notice, in line with Supreme Court precedent.
The Court further observed that the applicant had not filed a motion on notice and referred to Order 39, Rule 2, which stipulates that an ex parte order should not be granted unless supported by a motion for injunction.
He stated: “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 to not file a motion on notice.
Additionally, there’s no undertaking as to damages, which, in a plethora of cases, has been held to be absolutely vital.
The application fails and is refused.” The Notice of Discontinuance, signed by Dr. Wahab Shittu, SAN, on behalf of the applicant, states:
“Notice that the Claimant/Applicant herein wholly discontinues the above suit against the Defendant/Respondent pursuant to Order 23 (or relevant Order) of the High Court of Ogun State (Civil Procedure) Rules 2024 and under the inherent jurisdiction of this Honourable Court.
“Reasons for discontinuance.
“The Applicant filed this suit following correspondence from the 2nd Respondent herein on 2nd December 2025, which correspondence has since been withdrawn.
“The Applicant respectfully prays that the Honourable Court record the discontinuance of this suit and make orders as it deems fit.”*
