The Court of Appeal, Akure division, has ordered the suspension of a High Court judgement that sought to determine the eligibility of the Governor of Ondo State, Lucky Aiyedatiwa, to contest for a second term in office.

The three-man panel appellate court also ruled that all related proceedings at the lower court should be put on hold pending the resolution of appeals before it, particularly the anticipated judgment from Justice Toyin Bolaji Adegoke of the Federal High Court, Akure, scheduled for January 28.

Justice Adegoke’s court was poised to decide on a constitutional interpretation suit challenging Aiyedatiwa’s qualification to seek re-election in 2028.

The legal tussle stems from a suit filed by Dr Akin Egbuwalo, a chieftain of the All Progressives Congress (APC), who, through his counsel, Adeniyi Akintola, SAN, seeks the court’s interpretation of Section 137(3) of the Nigerian Constitution as it applies to the office of the governor.

Aiyedatiwa was first sworn in on December 27, 2024, to complete the term of the late Governor Oluwarotimi Akeredolu. He was sworn in a second time on February 24, 2025, after winning the November 16, 2024, governorship election, defeating Agboola Ajayi of the People’s Democratic Party (PDP).

The plaintiff contends that the two separate oaths of office may constitutionally limit his ability to run for another term.

The defendants in the suit, including the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Governor Lucky Aiyedatiwa, the All Progressives Congress (APC), and Deputy Governor, Dr. Olayide Adelami, through their lead counsel, Solomon Awomolo, SAN, petitioned the appellate court.

They filed a petition against the conduct of the trial court and asked the Court of Appeal to prevent Justice Adegoke from delivering the judgment fixed for January 28 until the appellate court decides the interlocutory appeals before it.

Akintola asked the court to discountance the arguments of the defendants, saying they have no valid appeal before the appellate court. The court, led by Justice P. O. Affen, said it would be in the interest of justice to allow the trial judge to respond to weighty allegations against him.

Other Judges included M. S. Hassan and P. C. Obiorah. They said their attention has been drawn to the allegations against the trial judge and are aware of the stay of proceedings filed at the Court of Appeal.

The Appeal Court justices said it was not the practice to set aside the judgment of lower courts or suspend the hearing of a suit before other courts. However, they said there is an exemption to the rules.

Subsequently, the Court of Appeal suspended the judgment of the trial court and fixed a judgment for January 28, pending the determination of the appeal before the appellate court.

In his response to the ruling, Awomolo SAN said the trial judge must pause the judgment and further hearing until further notice.

He said, “The implication of the ruling is to the effect that the judgment of Honourable Justice Adegoke, scheduled for tomorrow, the 28th, is suspended until further notice. In other words, he must pause the proceedings and respect the authority of the Court of Appeal.

“Therefore, everything is now on hold until further notice. The court is predicated on the fact that there is an application still pending and an appeal pending before this court. And in the hierarchy of courts, this court is the higher court of authority, and therefore, you know, there is a respectful higher authority in judicial structure. High Court, Court of Appeal, Supreme Court.

“The court predicated its ruling on the fact that you must respect due process, the rule of law, and, of course, the judicial hierarchy. Whereby the Court of Appeal is not a fait accompli. In other words, the appeal decision is not rendered academic or useless or ineffective by reason of the judgment.”