The Court of Appeal in Akure, Ondo State, has temporarily halted a Federal High Court judgment concerning a case challenging Governor Lucky Aiyedatiwa’s eligibility to run for a second term in 2028.
Naija News reports that the appellate court also stayed proceedings in the suit filed by All Progressives Congress (APC) member Dr. Akin Egbuwalo at the Federal High Court.
The lawsuit sought clarification on Section 137(3) of the Constitution to determine whether Aiyedatiwa, who has already served two terms in office, qualifies to contest again.
Justice Toyin Bolaji Adegoke of the Federal High Court had set January 28 for the ruling, which would have addressed whether the governor—first sworn in 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, election—can constitutionally seek another term.
Through his counsel, Chief Adeniyi Akintola SAN, Egbuwalo named as defendants INEC, the Attorney-General of the Federation, Governor Aiyedatiwa, the APC, and Deputy Governor Dr. Olayide Adelami.
Lead counsel for the defendants, Chief Solomon Awomolo SAN, appealed the trial court’s handling of the case, requesting that Justice Adegoke be prevented from delivering the judgment until the Court of Appeal decides on the pending interlocutory appeals.
Despite objections from Akintola SAN, who argued that the appeal was not valid, the appellate panel, led by Justice P. O. Affen, ruled that halting the lower court’s judgment was in the interest of justice. Other panel members included Justices M. S. Hassan and P. C. Obiorah.
The justices acknowledged ongoing allegations against the trial judge and recognized a stay of proceedings already before the Court of Appeal. They noted that while it is generally uncommon to suspend lower court judgments, exceptions exist under certain circumstances.
Consequently, the Court of Appeal suspended both the trial court’s judgment and the January 28 hearing until the appeal is fully determined.
Reacting to the decision, Awomolo SAN stated that Justice Adegoke must pause the trial and the scheduled ruling.
“The effect of this ruling is that Justice Adegoke’s judgment, set for tomorrow, January 28, is suspended until further notice. He must halt proceedings and respect the authority of the Court of Appeal,” he said.
Awomolo emphasized that the appellate court’s decision upholds due process, the rule of law, and judicial hierarchy. He noted that the appeal remains active and cannot be rendered ineffective by a lower court ruling.
“In the hierarchy of courts, the Court of Appeal holds higher authority over the High Court,” he explained.