Appeal Court Halts Aiyedatiwa Eligibility Ruling

The Court of Appeal sitting in Akure, Ondo State, has suspended a Federal High Court judgment on a case challenging Governor Lucky Aiyedatiwa’s eligibility to contest for a second term in 2028.

Naijaonpoint reports that the appellate court also stayed proceedings in the suit filed by an All Progressives Congress (APC) chieftain, Dr Akin Egbuwalo, at the Federal High Court.

The suit sought a judicial interpretation of Section 137(3) of the Constitution on whether Aiyedatiwa qualifies to re‑contest after serving twice as governor.

Justice Toyin Bolaji Adegoke of the Federal High Court had scheduled January 28 to rule on the matter. The judge’s decision was expected to address whether the governor, who was sworn in first on December 27, 2024, to complete the late Governor Rotimi Akeredolu’s tenure and again on February 24, 2025, after winning the November 16, 2024, poll, can constitutionally seek another term.

Egbuwalo, through his counsel Chief Adeniyi Akintola SAN, named 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.

Lead counsel for the defendants, Chief Solomon Awomolo SAN, filed an appeal against the trial court’s handling of the case, urging the Court of Appeal to prevent Justice Adegoke from delivering the judgment until the appellate court determines the interlocutory appeals before it.

Despite objections from Akintola SAN, who argued the defendants lacked a valid appeal, the appellate panel led by Justice P. O. Affen agreed that it was in the interest of justice to halt the lower court’s judgment.

Other members of the panel included Justices M. S. Hassan and P. C. Obiorah.

The justices noted they were aware of allegations against the trial judge and recognised a stay of proceedings pending before the Court of Appeal.

“It was not the practice to arrest the judgment of lower courts or suspend the hearing of suits before other courts. However, there is an exemption to the rules,” the panel said.

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

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

“The implication of the ruling is to the effect that the judgment of Honourable Justice Adegoke, scheduled for tomorrow 28th, is suspended until further notice.

“In other words, he must pause the proceedings and respect the authority of the Court of Appeal,” he told reporters.

Awomolo added that the appellate court’s decision was grounded in respect for due process, the rule of law, and the judicial hierarchy. He explained that the appeal remains alive and must not be rendered “academic or ineffective” by a lower court judgment.

“In the hierarchy of courts, this court is the higher court of authority… High Court, Court of Appeal, Supreme Court,” he said.