By Dayo Johnson Akure
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 qualifications of Aiyedatiwa to contest for a second term in office.
Justice Adegoke had fixed January 28 to decide whether Aiyedatiwa is qualified to re-contest 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 on February 24, 2025, as governor when he defeated Hon Agboola Ajayi, the candidate of the People’s 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, and the Minister of Justice, Governor Aiyedatiwa, All Progressives Congress APC, and the Deputy Governor, Dr Olayide Adelami as defendants.
Chief Solomon Awomolo SAN, the 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 discountance the arguments of the defendants saying they have 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 weighty allegations against him.
Other Judges included M. S. Hassan and P. C. Obiorah.
They said their attention has been drawn to the allegations against the trial judge and are aware of the stay of proceedings filed at the Court of Appeal.
The Appeal Court justices said it was not the practice to arrest the judgment of lower courts or suspend the hearing of hearing of 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.
In his response to the ruling, Awomolo SAN said the trial judge must pause the judgment and further hearing 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 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 on the fact that there is an application still pending and an appeal pending before this court.
” In the hierarchy of courts, this court is the higher court of authority, and therefore, you know, there is a respectful higher authority in judicial structure. High Court, Court of Appeal, Supreme Court.
He added that “The court predicated its ruling on the fact that you must respect due process, the rule of law, and of course, the judicial hierarchy. Whereby, the Court of Appeal is not fait accomplice In other words, the appeal decision is not rendered academic or useless or ineffective by reason of the judgment.”
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