Akure, Ondo State — The Court of Appeal sitting in Akure, Ondo State, has suspended the judgment of the Federal High Court in a suit challenging the eligibility of Governor Lucky Aiyedatiwa to contest for a second term in office in 2028.
Justice Toyin Bolaji Adegoke of the appellate court also ordered a stay of proceedings in the case filed by an All Progressives Congress (APC) chieftain, Dr. Akin Egbuwalo, which seeks judicial interpretation of Section 137(3) of the 1999 Constitution as it relates to Aiyedatiwa’s qualification to recontest.
The Federal High Court had earlier fixed January 28 to deliver judgment on the matter. However, the Court of Appeal halted the process pending the determination of interlocutory appeals before it.
Governor Aiyedatiwa was sworn in on December 27, 2024, to complete the tenure of late Governor Rotimi Akeredolu. He was again sworn in on February 24, 2025, after winning the November 16, 2024 governorship election against PDP candidate, Hon. Agboola Ajayi.
The suit, instituted by Egbuwalo through his counsel, Chief Adeniyi Akintola (SAN), listed the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, the Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Dr. Olayide Adelami, as defendants.
Lead counsel to the defendants, Chief Solomon Awomolo (SAN), had approached the Court of Appeal, raising concerns over the conduct of the trial court and urging the appellate court to restrain Justice Adegoke from delivering judgment until the pending appeals were resolved.
Although Akintola (SAN) argued that the defendants had no valid appeal before the court, the panel led by Justice P. O. Affen, alongside Justices M. S. Hassan and P. C. Obiorah, ruled that it was in the interest of justice to allow the trial judge respond to the allegations raised against him.
The appellate court acknowledged that while it is not standard practice to halt proceedings or judgments of lower courts, exceptions exist where justice and judicial hierarchy demand intervention.
Consequently, the Court of Appeal ordered the suspension of the judgment scheduled for January 28 and placed all proceedings on hold pending the outcome of the appeal.
Reacting to the ruling, Awomolo (SAN) said the implication is that the trial court must suspend all actions in the case until further notice, stressing that the decision was necessary to uphold due process, the rule of law, and the authority of the appellate court.
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