• Halts high court hearing, proceedings
Court of Appeal, Akure Division, has ordered the suspension of a High Court judgment 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 a chieftain of the All Progressives Congress (APC), Dr Akin Egbuwalo, 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 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, where he defeated Agboola Ajayi of the Peoples 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.

The Appeal Court justices said it was not the practice to arrest the judgment of lower courts or suspend the hearing of the 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 judgment fixed for January 28 pending the determination of the appeal before the appellate court.