Court of Appeal Halts Ruling on Aiyedatiwa’s Re-Election Aspirations

The Court of Appeal, located in Akure, has announced a temporary suspension of the Federal High Court's ruling concerning Ondo State Governor Lucky Aiyedatiwa's eligibility for re-election in 2028.

In addition, the appellate court has paused further proceedings related to a lawsuit launched by Dr. Akin Egbuwalo, a member of the All Progressives Congress (APC), which requests clarification on Section 137(3) of the 1999 Constitution (as modified) regarding Aiyedatiwa's qualifications for another term.

Justice Toyin Bolaji Adegoke of the Federal High Court in Akure had set January 28 to decide on Aiyedatiwa’s eligibility to run for another term, following his two previous swearing-ins as governor.

Aiyedatiwa was originally sworn in on December 27, 2024, to complete the term of the late Governor Oluwarotimi Akeredolu, and later was sworn in again on February 24, 2025, after winning against Agboola Ajayi of the Peoples Democratic Party (PDP) during the governorship election held on November 16, 2024.

The case initiated by Egbuwalo is represented by Chief Adeniyi Akintola, SAN, and includes several defendants, namely 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.

The defendants contested the legality of the trial court's conduct through their attorney, Chief Solomon Awomolo, SAN, and asked the Court of Appeal to prevent Justice Adegoke from issuing a judgment until pending interlocutory appeals are resolved.

In response, Akintola, SAN, urged the court to dismiss the defendants' claims, asserting that no legitimate appeal had been filed. Nevertheless, the panel led by Justice P. O. Affen determined it was just to allow the trial judge to address the significant allegations raised.

The panel included Justices M. S. Hassan and P. C. Obiorah. The justices acknowledged that while it is not standard to obstruct a lower court's judgment or suspend procedures, exceptions apply when compelling circumstances arise.

Thus, the Court of Appeal has halted the Federal High Court's judgment delivery, scheduled for January 28, until the appeal is concluded.

Reacting to this development, Awomolo, SAN, articulated that the ruling requires the trial court to cease all proceedings until further notice.