The Court of Appeal sitting in Akure has ordered the suspension of all proceedings, including the delivery of judgement, in a pre-emptive suit challenging the eligibility of Ondo State Governor, Dr. Lucky Orimisan Aiyedatiwa, to contest the next governorship election.
The order was made in an appeal arising from Suit No. FHC/AK/CS/100/2025: Dr. Akindele Egbuwalo v. INEC & Ors.
In a ruling delivered by a panel of the court presided over by Justice Peter O. Affen, the appellate court expressly restrained the Federal High Court, Akure, from taking any further steps in the matter, including the delivery of the judgement earlier fixed for Wednesday, January 28, 2026.
Quoting from the enrolled order, Justice Affen held:“That further proceedings in Suit No. FHC/AK/CS/100/2025: Dr. Akindele Egbuwalo v. INEC & Ors., and in particular the delivery of judgment fixed for Wednesday, 28/1/2026, shall be and is hereby suspended pending the hearing and determination of this appeal and the motion for stay of proceedings filed on 9/1/2026.”
The Court of Appeal further ordered that the trial judge be formally served with all court processes relating to the appeal and the allegations raised before the appellate court.
According to the court:“That the Motion on Notice filed on 9/1/2026 and all affidavits, counter-affidavits, further affidavits or other court processes filed and exchanged in respect thereof shall be served forthwith on the learned trial judge of the Federal High Court, holden at Akure, to enable His Lordship respond to the weighty allegations contained therein.”
The ruling followed an application by the defendants, led by Governor Aiyedatiwa, alongside the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, the All Progressives Congress (APC), and the Deputy Governor of Ondo State, Dr. Olayide Adelami. The defendants had appealed against a ruling of the Federal High Court delivered on November 24, 2025.
At the trial court, counsel to the defendants argued that the suit was speculative and pre-emptive, contending that there was no subsisting timetable for the Ondo State governorship election.
They further maintained that the plaintiff lacked locus standi and that the Federal High Court lacked jurisdiction, particularly in view of Section 308 of the 1999 Constitution, which grants immunity to a sitting governor from civil proceedings.
At the Court of Appeal, counsel to the appellants, led by Chief Solomon Awomolo, SAN, urged the court to intervene to prevent the appeal from being rendered nugatory, while also drawing attention to alleged procedural irregularities at the lower court.
Although counsel to the respondent, Chief Adeniyi Akintola, SAN, opposed the application on the ground that there was no competent appeal before the court, the appellate panel held that the interest of justice required the preservation of the subject matter of the appeal.
The panel, which also included Justices M. S. Hassan and P. C. Obiorah, noted that while appellate courts do not ordinarily halt proceedings or arrest judgements of lower courts, exceptional circumstances justified the order made in the instant case.
Reacting to the ruling, Chief Awomolo, SAN, said the implication of the decision is that all proceedings at the Federal High Court, Akure, remain stayed pending the determination of the appeal and the motion for stay before the Court of Appeal.
The order was certified by Hassan Adamu Chin, Esq., Deputy Chief Registrar of the Court of Appeal, Akure Division.
The Hope
