The withdrawal was formalised through a Notice of Discontinuance filed on December 22, 2025. The filing followed correspondence from the Chairman of the Ijebu-Ode Local Government Area, who asked the court to formally record the withdrawal of the suit and issue any consequential orders deemed appropriate.
The legal action had drawn public attention earlier in the week after Justice A. A. Omoniyi of Court 3, Ijebu-Ode Judicial Division, declined to grant an ex parte motion filed by Ayinde seeking an interim order to stop the installation process. The judge ruled that such an order was inappropriate at that stage, stressing that the substantive suit must first be determined.
In his ruling, Justice Omoniyi relied on established judicial authorities, including Seven Up v. Abiola and City Express v. LASG, to underline that interim applications must be accompanied by motions on notice, in line with Supreme Court precedent. He further observed that the applicant had failed to file the required motion on notice, as stipulated under Order 39, Rule 2 of the High Court rules.
The court also noted the absence of an undertaking as to damages, a requirement that has been consistently upheld as essential in applications for interim injunctions. Emphasising strict adherence to procedural rules, Justice Omoniyi stated that where a procedure is clearly laid down for obtaining an order, deviation from that process is fatal to the application. On that basis, the interim application was dismissed.
The Notice of Discontinuance, signed by Dr. Wahab Shittu, SAN, on behalf of Ayinde, cited the withdrawal of an earlier correspondence from the second respondent as the key reason for discontinuing the suit. According to the filing, the claimant respectfully requested the court to formally record the discontinuance and make any further orders it considered fit.
With the withdrawal now before the court, the legal challenge to the installation of the new Awujale of Ijebuland appears to have been brought to an end, clearing the way for the traditional succession process to proceed without further judicial interruption.