The Court of Appeal, sitting in Abuja, today adjourned further proceedings till Thursday February 12, for hearing of the appeal filed by the Governor of Ondo State, Lucky Orimisan Aiyedatiwa, against the ruling of the Federal High Court, Akure, in relation to the eligibility of persons for the office of Governor of the State for the 2028/29 governorship election. The adjournment followed marathon arguments by counsel to all the parties. It will be recalled that in July 2025, the Plaintiff, Akindele Egbuwalo, filed a suit at the Federal High Court Akure, against the Independent National Electoral Commission, INEC, the Attorney-General of the Federation, Lucky Orimisan Aiyedatiwa and All Progressives Congress, contending that Mr. Aiyedatiwa is not qualified to vie for the office of Governor of Ondo State in the 2028/29 governorship election having taken oath office twice. The various respondents on record filed notices of preliminary objection to the competence of the suit, contending that the case is academic and premature as even INEC had not released the time-table for Ondo Governorship election and Mr Aiyedatiwa had not indicated whether or not he intends to vie for any office. Upon his application, the court joined the Deputy Governor of Ondo State, Dr. Olayide Adelami, as a defendant in the suit, in 2025. The plaintiff subsequently applied to amend his suit and some of the defendants objected to the said application by filing their counter-affidavits. When the case came up for hearing of the plaintiff’s application to amend at the Federal High Court Akure on 24th November, 2025, parties and their respective counsel were stunned when the presiding judge announced openly in court that she had already prepared her ruling on the application for amendment even before the court sat and she took arguments from counsel but still proceeded to delivered the prepared ruling, granting the application for an amendment.

Aggrieved by the conduct and ruling of the presiding trial Court, Aiyedatiwa, APC and the Deputy Governor filed separate appeals to the Court of Appeal, Akure, complaining amongst others of breach of their constitutional right to fair hearing, abuse of office, acting ultra vires and lack of jurisdiction, against the presiding judge. The appeal came up before the Court of Appeal, Akure, on January 27, 2026, wherein the Court was informed that the presiding trial judge had already served notice to deliver judgment in the case in defiance of the proceedings pending before the Court of Appeal which had been brought to her notice. Parties thereafter agreed and the Court of Appeal, Akure consequently directed that the proceedings of the trial Court be halted to await the decision of the Court of Appeal. However, on Friday, February 6, 2026, parties were served with hearing notices to appear before the Court of Appeal in Abuja on February 10, 2026.

When the cases came up on February 10, 2026, Asiwaju Adegboyega Awomolo, SAN represented the Governor of Ondo State, Chief Adeniyi Akintola, SAN represented the plaintiff/1st Respondent, Akindele Egbuwalo, Chief Charles Uwensuyi-Edosomwan, SAN represented INEC, Chief J.B. Daudu, SAN represented the Attorney-General of the Federation, Mr. Tayo Oyetibo, SAN represented APC while Mr. Ebun-Olu Adegboruwa, SAN represented the Deputy Governor. Asiwaju Awomolo, SAN informed the Court that his appeal was ripe for hearing as he had served his brief of argument on all the parties and he was ready to proceed with the said appeal. Chief Akintola, SAN, informed the Court that he filed a Notice of Preliminary Objection to the competence of the appeal and he is also challenging the jurisdiction of the Court of Appeal. Chief Uwensuyi-Edosomwan, SAN in response stated that he had filed his brief of argument and was ready to proceed with the main appeal. Chief Daudu, SAN informed the Court that he had an application filed on 5th February 2026 to set aside the extant order of the Court made in Akure to preserve the subject matter of the appeal. Mr. Oyetibo, SAN in response informed the Court that he had filed his own brief of argument and was ready to proceed with the appeal. He stated further that Chief Akintola, SAN and Daudu, SAN having filed their Notices of Preliminary Objection to the main appeal, they cannot be heard to oppose the hearing of the substantive appeal, having elected not to file their briefs of argument as stipulated under Order 10 rule 1 of the Court of Appeal Rules, 2021. Mr. Adegboruwa, SAN informed the Court that he had filed his brief of argument and was ready to proceed with hearing of the main appeal. He stated further that the Court should not isolate the application of any of the 1st and 3rd Respondents for hearing outside the main appeal as the application of the 3rd Respondent in particular was meant to abort the hearing of the main appeal.

After taking arguments from all counsel to the parties, the Court of Appeal Justices consulted amongst themselves and thereafter delivered a bench ruling, holding that the Court would adjourn for hearing of the substantive appeal and all other applications filed by the respondents would be heard within the main appeal. This prompted Chief Daudu, SAN to apply for an adjournment to enable him file responses to the processes served on him and the appeal was adjourned by consent of counsel to Thursday, February 12, 2026.

Mr. Ebun-Olu Adegboruwa, SAN thereafter on behalf of the Deputy Governor of Ondo State moved his application for leave to appeal which was granted by the Court without objection from the respondents. The Court gave him fourteen days to file the Notice of Appeal. Mr. Tayo Oyetibo, SAN, on behalf of APC also informed the Court of his pending appeal, to which some of the respondents indicated their intention to file their respondents’ briefs of argument in response. The appeal was thus adjourned to March 10, 2026 for hearing. The Court ordered any of the respondents who wish to file any brief of argument to do so not later than five days before the date of hearing of the appeal.

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