BREAKING: Appeal Court Halts Aiyedatiwa Eligibility Ruling

The Court of Appeal in Akure, Ondo State, has halted the enforcement of a Federal High Court judgment in a suit challenging the eligibility of Governor Lucky Aiyedatiwa to seek a second term in office in 2028.

The appellate court also ordered a stay of proceedings in the case filed by an All Progressives Congress (APC) chieftain, Dr Akin Egbuwalo, at the Federal High Court.

The suit seeks an interpretation of Section 137(3) of the 1999 Constitution to determine whether Aiyedatiwa is constitutionally qualified to contest again after serving two stints as governor.

Justice Toyin Bolaji Adegoke of the Federal High Court had fixed January 28 to deliver judgment on the matter. The ruling was expected to address whether Aiyedatiwa—who was first sworn in on December 27, 2024, to complete the tenure of the late Governor Rotimi Akeredolu, and later inaugurated on February 24, 2025, after winning the November 16, 2024, election—can lawfully seek another term.

Egbuwalo, represented by 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.

Counsel to the defendants, Chief Solomon Awomolo, SAN, filed an appeal challenging the trial court’s handling of the case and urged the Court of Appeal to restrain Justice Adegoke from delivering judgment until the interlocutory appeals before the appellate court are resolved.

Although Akintola, SAN, objected on the grounds that there was no competent appeal, the appellate panel, led by Justice P. O. Affen, ruled that it was in the interest of justice to suspend the lower court’s judgment.

The panel, which also included Justices M. S. Hassan and P. C. Obiorah, acknowledged pending allegations against the trial judge and the existence of a subsisting application for stay of proceedings.

While noting that it is generally improper to halt proceedings in a lower court, the justices said exceptions exist under special circumstances.

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

Reacting to the decision, Awomolo, SAN, said the ruling requires Justice Adegoke to suspend the trial and the scheduled judgment.

“The effect of the ruling is that the judgment earlier fixed for January 28 has been put on hold until further notice. The trial court must pause proceedings and defer to the authority of the Court of Appeal,” he said.

He added that the appellate court’s decision was rooted in respect for due process, the rule of law, and the hierarchy of courts, stressing that the appeal must not be rendered academic by a lower court ruling.