Court of Appeal halts judgment on Governor Aiyedatiwa’s second-term bid

By Boye Oyeyemi –

The Court of Appeal sitting in Akure, Ondo State, has suspended the delivery of judgment in a suit challenging the eligibility of Governor Lucky Aiyedatiwa to seek a second term in office in 2028.

Justice Toyin Bolaji Adegoke, leading the appellate panel, also ordered a stay of proceedings in the case, which was instituted at the Federal High Court by All Progressives Congress chieftain Dr Akin Egbuwalo.

The suit seeks an interpretation of Section 137(3) of the Constitution, specifically whether Aiyedatiwa, having been sworn in twice, can lawfully contest for another term.

Adegoke had earlier fixed January 28 to decide the matter, noting that Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Rotimi Akeredolu.

The governor was sworn in again on February 24, 2025, after defeating the Peoples Democratic Party candidate, Agboola Ajayi, in the November 16, 2024, governorship election.

Egbuwalo, through his counsel Chief Adeniyi Akintola (SAN), listed INEC, the Attorney-General of the Federation, the APC, Aiyedatiwa, and Deputy Governor Olayide Adelami among the defendants.

However, lead defence counsel Chief Solomon Awomolo (SAN) urged the Appeal Court to halt the trial, citing alleged irregularities in the conduct of the Federal High Court proceedings.

In its ruling, the appellate court held that although lower court judgments are rarely stayed, the circumstances warranted an exception and consequently suspended the January 28 judgment pending the determination of the appeal.