The Court of Appeal in Akure on Tuesday suspended the judgment of the Federal High Court in a suit challenging Ondo State Governor Lucky Aiyedatiwa’s eligibility to contest for a second term after 2028.

The appellate court also stayed proceedings in the case filed by APC chieftain Dr. Akin Egbuwalo, which sought the interpretation of Section 137(3) of the 1999 Constitution (as amended) on whether Aiyedatiwa is constitutionally qualified to seek re-election.

Justice Toyin Bolaji Adegoke of the Federal High Court had set January 28 to deliver judgment following debates over Aiyedatiwa’s two swearing-in ceremonies first on December 27, 2024, to complete the late Governor Oluwarotimi Akeredolu’s tenure, and again on February 24, 2025, after winning the November 16, 2024 election against PDP candidate Agboola Ajayi.

The suit, filed through Chief Adeniyi Akintola, SAN, listed INEC, the Attorney-General of the Federation, Governor Aiyedatiwa, APC, and Deputy Governor Dr. Olayide Adelami as defendants.

Chief Solomon Awomolo, SAN, representing the defendants, appealed to the Court of Appeal to restrain Justice Adegoke from delivering judgment pending determination of interlocutory appeals. While the plaintiff argued the appeal was incompetent, the appellate court, led by Justice P. O. Affen, ruled that suspending the judgment was in the interest of justice, allowing the trial judge to respond to the “weighty allegations.”

Awomolo said the ruling effectively puts all actions in the suit on hold:

“The judgment of Honourable Justice Adegoke scheduled for January 28 is suspended until further notice. He must pause proceedings and respect the authority of the Court of Appeal. The decision preserves due process, upholds the rule of law, and ensures the appeal before it is not rendered academic or ineffective.”

The suspension underscores the judiciary’s commitment to due process and maintaining the integrity of ongoing appeals in politically sensitive cases.