An Ogun state high court sitting in Ijebu-Ode on Monday, December 22, dismissed an application filed by Fuji veteran, Wasiu Ayinde, popularly known as K1 De Ultimate, seeking to stop the installation process for the next Awujale of Ijebuland.
The suit, marked HC3/238/2025, was brought before Justice A.A. Omoniyi, who refused the ex parte motion for an interim injunction against Governor Dapo Abiodun, the Fusengbuwa ruling house, and four other respondents involved in the succession process.
K1 De Ultimate, through his counsel, Wahab Shittu, had approached the court asking for an order restraining the respondents from taking further steps pending the determination of the substantive suit.
The application was brought under the high court of Ogun state (civil procedure) rules 2024 and section 36 of the 1999 constitution (as amended).
Moving the motion, Shittu informed the court that the application, dated December 16, 2025, was supported by an affidavit and urged the court to grant interim relief, while also ordering an accelerated hearing of the originating summons.
He argued that the application was urgent and that the applicant’s fundamental rights were under threat.
However, Justice Omoniyi drew the attention of counsel to order 39 rule 2 of the court’s rules, which mandates that applications for injunction must be brought on notice, except where accompanied by a motion on notice.
In his ruling, Justice Omoniyi held that motions for interim injunction are not substantive in nature and that granting such relief without a motion on notice would amount to a violation of laid-down procedure.
He relied on supreme court precedent, including Seven-Up Bottling Company v. Abiola and City Express v. Lagos state government, which emphasise strict compliance with procedural rules.
The judge further noted that the applicant failed to file a motion on notice alongside the ex parte application and did not provide an undertaking as to damages, a requirement consistently upheld by the courts as mandatory in injunction matters.
“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 judge said.
Consequently, the court dismissed the application and adjourned the case until January 14, 2026, for the hearing of the substantive suit.
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