The Akure Division of the Court of Appeal has halted proceedings in a suit challenging the eligibility of Ondo State Governor, Lucky Aiyedatiwa, to seek a second term, suspending the judgment of the Federal High Court in Akure.
The appellate court also ordered a stay of proceedings in the suit filed by an All Progressives Congress (APC) chieftain, Dr Akin Egbuwalo, which seeks an interpretation of Section 137(3) of the 1999 Constitution (as amended) on the governor’s eligibility to re-contest.
Justice Toyin Bolaji Adegoke of the Federal High Court, Akure, had fixed February 28, 2026, for judgment in the matter.
Governor Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Rotimi Akeredolu.
He was sworn in again on February 24, 2025, after winning the November 16, 2024, governorship election, in which he defeated the Peoples Democratic Party (PDP) candidate, Agboola Ajayi.
Egbuwalo, through his counsel, Chief Adeniyi Akintola (SAN), instituted the suit against the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress (APC) and the Deputy Governor, Dr Olayide Adelami.
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The defendants, represented by Chief Solomon Awomolo (SAN), approached the Court of Appeal to challenge the conduct of proceedings at the trial court, urging the appellate court to restrain Justice Adegoke from delivering judgment pending the determination of interlocutory appeals.
Although Akintola (SAN) opposed the application, arguing that no competent appeal was before the court, the appellate panel, led by Justice P. O. Affen, with Justices M. S. Hassan and P. C. Obiorah, held that the interest of justice required the trial judge to respond to what it described as weighty allegations.
The court noted that while it was not the general practice to halt judgments of lower courts or stay proceedings, exceptional circumstances justified such intervention.
Consequently, the Court of Appeal suspended the judgment earlier scheduled for January 28 and ordered a stay of proceedings at the Federal High Court pending the determination of the appeal.
Reacting, Awomolo (SAN) said the ruling effectively put further proceedings at the trial court on hold.
“The ruling means that the judgment of Honourable Justice Adegoke fixed for January 28 has been suspended until further notice. Everything remains on hold until the Court of Appeal determines the pending applications and appeal.
“The court based its decision on respect for due process, the rule of law and the hierarchy of courts, to ensure that the appeal is not rendered academic,” he said.
