The Court of Appeal, Akure Division, has stopped the Federal High Court from delivering judgement in a suit challenging the eligibility of the Ondo State Governor, Lucky Aiyedatiwa, to stand election after the expiration of his current tenure in 2028.
The appellate court also stayed further proceedings in the suit filed by an All Progressives Congress (APC) chieftain, Akin Egbuwalo, seeking an interpretation of Section 137(3) of the Constitution regarding Mr Aiyedatiwa’s qualification to seek re-election.
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A judge of the Federal High Court, Toyin Adegoke, had fixed 28 January to determine whether the governor is eligible to contest again, having been sworn in twice for the office.
Mr Aiyedatiwa was first sworn in on 27 December, 2024, to complete the tenure of late Governor Oluwarotimi Akeredolu. He was inaugurated the second time on 24 February, 2025, following his victory in the last governorship election.
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He defeated Agboola Ajayi, then of the Peoples Democratic Party (PDP) and other contestants in the 16 November, 2024, governorship election.
The suit, filed by Mr Egbuwalo through his counsel, Adeniyi Akintola, a Senior Advocate of Nigeria, 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, Olayide Adelami, as defendants.
However, the defendants, through their counsel led by Solomon Awomolo, SAN, filed a petition challenging the conduct of the trial court and urged the Court of Appeal to restrain Mr Adegoke from delivering judgement pending the determination of interlocutory appeals before the appellate court.
Although Mr Akintola, urged the court to discountenance the arguments of the defendants on the grounds that no valid appeal was before the court, the panel led by P. O. Affen held that it was in the interest of justice to allow the trial judge respond to the serious allegations made against him.
Other justices of the panel were M. S. Hassan and P. C. Obiorah.
The justices noted that while it is not the usual practice to arrest the judgment of a lower court or suspend proceedings, exceptions exist where circumstances demand such intervention.
Consequently, the Court of Appeal suspended the delivery of judgment by the Federal High Court scheduled for January 28, pending the determination of the appeal before it.
Reacting to the ruling, Mr Awomolo, said the implication was that the trial court must halt proceedings until further notice.
“The implication of the ruling is that the judgment of Honourable Justice Adegoke scheduled for January 28 is suspended. Everything is now on hold until further notice,” he said.
He explained that the court’s decision was based on the need to respect due process, the rule of law, and the judicial hierarchy, noting that allowing the lower court to proceed could render the appeal academic.
“The Court of Appeal, being a superior court of record, must not be presented with a fait accompli,” Mr Awomolo added.
The controversies over Mr Aiyedatiwa’s eligibility had gained traction within the Ondo political space following rumours that the governor has intentions to run for another term in office.
Although the next election is still far away, a number of aspirants have been busy trying to gain the attention of the ruling party and its members.
Names of the Minister of Interior, Olubunmi Ojo and the Minister of Youth Development, Ayodele Olawande, have surfaced in the debates on who would get the party’s ticket for the next election.
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Section 137(3) of the Constitution provides that a person sworn in as President to complete the term for which another person was elected shall only be elected to such office for a maximum of one additional term.
Section 182(3) of the Constitution stipulates that any person sworn in as Governor to complete the term of another elected official is disqualified from being elected to the same office for more than a single term.
Although Mr Aiyedatiwa has yet to indicate interest in running again, there are however indications that his political opponents are not leaving anything to chance, hence the suit at the Federal High Court.
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