By Dada Ayoola | Asiwaju Media Team
Akure | January 28, 2026
The Court of Appeal sitting in Akure has ordered the suspension of all proceedings, including the delivery of judgment, in a pre-emptive suit challenging the eligibility of the Ondo State Governor, Dr. Lucky Orimisan Aiyedatiwa, to contest the next governorship election.
The appellate court made the order on Tuesday, January 27, 2026, in Appeal arising from Suit No. FHC/AK/CS/100/2025: Dr. Akindele Egbuwalo v. INEC & Ors.
In a ruling delivered by a panel presided over by Justice Peter O. Affen, the Court of Appeal expressly restrained the Federal High Court, Akure, from proceeding further with the matter or delivering the judgment earlier fixed for today Wednesday, January 28, 2026.
Quoting directly from the enrolled order of court, 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 Motion for stay of proceedings filed on 9/1/2026.”
The appellate court also ordered that the trial judge be formally served with all processes relating to the allegations raised before the Court of Appeal, stating “That 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 Lucky Orimisan Aiyedatiwa, 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, who appealed against the ruling of the Federal High Court delivered on November 24, 2025.
Counsel to the defendants had argued that the suit was speculative, pre-emptive, and disclosed no reasonable cause of action, noting that there was no subsisting timetable for the Ondo State governorship election. They further contended 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 shields 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. The appellants also drew the attention of the court to alleged procedural irregularities at the trial court.
Although counsel to the respondent, Chief Adeniyi Akintola, SAN, opposed the application on the ground that there was allegedly no competent appeal before the court, the appellate panel held that the interest of justice required preserving the subject matter of the appeal.
The panel, which also included Justices M. S. Hassan and P. C. Obiorah, acknowledged that while appellate courts do not ordinarily halt proceedings or arrest judgments of lower courts, exceptional circumstances justified the present order.
Reacting to the ruling, Chief Awomolo, SAN, stated that the implication of the decision is that all proceedings at the Federal High Court, Akure, are stayed until the Court of Appeal determines the pending appeal and motion.
The order was certified by Hassan Adamu Chin, Esq., Deputy Chief Registrar, Court of Appeal, Akure Division.
