The Court of Appeal sitting in Akure, Ondo State, has suspended the judgment of the Federal High Court filed against Governor Lucky Aiyedatiwa over his eligibility to contest for a second term in 2028.

Justice Toyin Bolaji Adegoke of the appellate court also stayed proceedings in the suit filed by an All Progressives Congress (APC) chieftain, Dr Akin Egbuwalo, at the Federal High Court, seeking the interpretation of Section 137(3) of the Constitution as regards the qualification of Aiyedatiwa to contest for a second term in office.

Justice Adegoke had fixed January 28 to decide whether Aiyedatiwa is qualified to recontest, having been sworn in twice as governor of the state.

Recall that Governor Aiyedatiwa was sworn in to complete the tenure of late Governor Rotimi Akeredolu on December 27, 2024.

He was again sworn in on February 24, 2025, as governor after he defeated Hon. Agboola Ajayi, the candidate of the Peoples Democratic Party (PDP), in the November 16, 2024 governorship election.

The suit filed by Egbuwalo through his counsel, Chief Adeniyi Akintola, SAN, has 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.

Chief Solomon Awomolo, SAN, lead counsel to the defendants, 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.

Although Akintola, SAN, asked the court to discountenance the arguments of the defendants, saying they had 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 the weighty allegations against him.

Other justices on the panel were M. S. Hassan and P. C. Obiorah.

They said their attention had been drawn to the allegations against the trial judge and that they were aware of the stay of proceedings filed at the Court of Appeal.

The Court of Appeal justices said it was not the practice to arrest the judgment of lower courts or suspend the hearing of suits before other courts.

However, they noted that there are exceptions to the rule.

Subsequently, the Court of Appeal suspended the judgment of the trial court fixed 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 proceedings until further notice.

According to him, “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 predicated its decision on the fact that there is an application and an appeal pending before this court.

“In the hierarchy of courts, this court is the higher court of authority. There must be respect for judicial hierarchy: High Court, Court of Appeal, Supreme Court.”

He added that the court based its ruling on the need to respect due process, the rule of law, and judicial hierarchy, noting that the Court of Appeal should not be made a fait accompli by rendering its decision academic, useless, or ineffective by the delivery of judgment at the lower court.

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