Appeal Court Suspends Ruling on Aiyedatiwa’s Eligibility

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The Court of Appeal sitting in Akure, Ondo State, has temporarily halted a Federal High Court judgment concerning Governor Lucky Aiyedatiwa’s eligibility to run for a second term in 2028.

The appellate court also stayed proceedings in a suit filed by All Progressives Congress (APC) chieftain, Dr. Akin Egbuwalo, at the Federal High Court. The case sought clarification on Section 137(3) of the Constitution regarding whether Aiyedatiwa can constitutionally contest again after having served twice as governor.

Justice Toyin Bolaji Adegoke of the Federal High Court had scheduled January 28 to deliver a ruling. The decision was to determine if the governor—who was first sworn in on December 27, 2024, to complete the late Governor Rotimi Akeredolu’s term and then again on February 24, 2025, after winning the November 16, 2024, election—could constitutionally seek another term.

Egbuwalo, through his counsel Chief Adeniyi Akintola SAN, listed the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and Deputy Governor Dr. Olayide Adelami as defendants.

The defendants’ lead counsel, Chief Solomon Awomolo SAN, filed an appeal challenging the trial court’s handling of the case. He requested that the Court of Appeal stop Justice Adegoke from delivering judgment until the interlocutory appeals before the appellate court are resolved.

Despite objections from Akintola SAN, who argued the appeal was invalid, the appellate panel led by Justice P. O. Affen agreed that suspending the lower court’s judgment served the interest of justice. Other members of the panel included Justices M. S. Hassan and P. C. Obiorah.

The justices acknowledged the allegations against the trial judge and noted the existence of a pending stay of proceedings at the Court of Appeal.

“It is not standard practice to halt lower court judgments or suspend hearings in other courts, but exceptions exist under certain circumstances,” the panel stated.

Consequently, the Court of Appeal suspended the trial court’s judgment and the January 28 hearing until the appeal is fully determined.

Reacting to the ruling, Awomolo SAN said Justice Adegoke must pause the trial and the scheduled judgment.

“The implication of this ruling is that Justice Adegoke’s judgment, originally scheduled for January 28, is suspended until further notice. He must halt proceedings and respect the authority of the Court of Appeal,” he told reporters.

Awomolo added that the appellate court’s decision reflects adherence to due process, the rule of law, and judicial hierarchy. He stressed that the appeal remains active and must not be rendered “academic or ineffective” by a lower court decision.

“In the judicial hierarchy, this court is superior… High Court, Court of Appeal, Supreme Court,” he explained.

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