The Court of Appeal, Akure division, has ordered the suspension of a High Court judgment that was set to determine the eligibility of Ondo State Governor, Lucky Aiyedatiwa, to contest for a second term in 2028.
The three-member appellate panel also directed that all proceedings related to the case at the lower court be put on hold until appeals filed before the Court of Appeal are resolved.
The ruling comes ahead of a scheduled judgment by Justice Toyin Bolaji Adegoke of the Federal High Court, Akure, which was fixed for January 28.
Justice Adegoke’s court was expected to rule on a constitutional interpretation suit challenging Aiyedatiwa’s qualification to seek re-election.
The legal dispute originated from a suit filed by Dr Akin Egbuwalo, a chieftain of the All Progressives Congress (APC).
Through his counsel, Adeniyi Akintola, SAN, Egbuwalo is asking the court to interpret Section 137(3) of the Nigerian Constitution as it relates to the office of the governor.
Aiyedatiwa was first sworn in on December 27, 2024, to complete the term of the late Governor Oluwarotimi Akeredolu. He was sworn in again on February 24, 2025, after winning the November 16, 2024, governorship election.
The plaintiff argues that the two separate oaths of office could constitutionally limit Aiyedatiwa’s ability to run for another term.
The defendants, including the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Governor Aiyedatiwa, the APC, and Deputy Governor Dr Olayide Adelami, through their lead counsel Solomon Awomolo, SAN, filed an appeal against the conduct of the trial court.
They urged the Court of Appeal to stop Justice Adegoke from delivering the judgment on January 28 until the appellate court resolves the pending appeals.
During proceedings, Akintola urged the court to dismiss the defendants’ arguments, insisting that they had no valid appeal before the appellate court.
The Court of Appeal, led by Justice P. O. Affen, said it would be in the interest of justice to allow the trial judge to respond to the allegations raised against him. The panel said it was aware of the stay of proceedings filed at the Court of Appeal and noted the weight of the issues involved.
Other members of the panel were Justices M. S. Hassan and P. C. Obiorah.
The court noted that it is not common practice to suspend a lower court judgment before another court, but it acknowledged an exemption to the rule given the circumstances of the case.
Consequently, the Court of Appeal ordered that the judgment of the trial court be suspended and fixed the matter for January 28, pending the determination of the appeal.
Reacting to the ruling, Awomolo, SAN, said the trial judge must pause the judgment and all further proceedings until further notice.
He said the implication of the ruling is that the judgment scheduled for January 28 is suspended, and the High Court must respect the authority of the Court of Appeal.
He added that the appellate court’s decision ensures that due process, the rule of law, and judicial hierarchy are upheld, preventing the appeal from becoming academic or ineffective.
