The Akure Division of the Court of Appeal has suspended the judgment of the Federal High Court in a suit challenging the eligibility of Governor Lucky Aiyedatiwa to contest for a second term in office.
Mr Aiyedatiwa’s tenure expired in 2028.
The appellate court also ordered a stay of proceedings in the suit filed by an All Progressives Congress (APC) chieftain, Dr Akin Egbuwalo, seeking an interpretation of Section 137(3) of the 1999 Constitution (as amended) on whether Aiyedatiwa is qualified to re-contest.
Justice Toyin Bolaji Adegoke of the Federal High Court, Akure, has slated tomorrow (February 28, 2026) to deliver judgment on the matter.
Governor Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Rotimi Akeredolu.
He was sworn in again on February 24, 2025, after winning the November 16, 2024, governorship election, in which he defeated the Peoples Democratic Party (PDP) candidate, Hon. Agboola Ajayi.
The suit, instituted by Egbuwalo through his counsel, Chief Adeniyi Akintola (SAN), listed the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress (APC), and the Deputy Governor, Dr Olayide Adelami, as defendants.
However, the defendants, through their counsel led by Chief Solomon Awomolo (SAN), approached the Court of Appeal, challenging the conduct of proceedings at the trial court and urging the appellate court to restrain Justice Adegoke from delivering the judgment pending the determination of interlocutory appeals.
Although Akintola (SAN) urged the court to discountenance the application, arguing that there was no competent appeal before the appellate court, the panel of justices – led by Justice P. O. Affen, with Justices M. S. Hassan and P. C. Obiorah – held that it would be in the interest of justice to allow the trial judge to respond to what it described as weighty allegations raised against him.
The appellate court noted that while it was not the general practice to arrest judgments of lower courts or stay proceedings, exceptional circumstances warranted such intervention.
Consequently, the Court of Appeal ordered the suspension of the judgment scheduled for January 28 and directed that proceedings at the Federal High Court be stayed pending the determination of the appeal.
Reacting to the ruling, Awomolo (SAN) said the decision effectively halted further proceedings at the trial court.
“The ruling implies that the judgment of Honourable Justice Adegoke scheduled for January 28 is suspended until further notice. Everything is now on hold until the Court of Appeal determines the pending applications and appeal.
“The court predicated its ruling on respect for due process, the rule of law, and the hierarchy of courts, to ensure that the appeal is not rendered academic.”
