The full Supreme Court of Justice of the Nation (SCJN) unanimously confirmed on Wednesday the precautionary measures granted to the mayor of Acapulco, Abelina López Rodríguez, which have protected her indefinitely for the past seven months from a recall election and an audit for the alleged misuse of 898 million pesos in federal funds.
The injunctions were granted in June of last year by the previous composition of the full court, by Justice Yasmín Esquivel Mossa and now-retired Justice Javier Laynez Potisek, and will remain in effect until the full court resolves the constitutional challenges filed by the mayor against the actions taken by the Guerrero State Congress and the State Audit Office (ASE).
The Court’s ruling came after declaring four appeals unfounded: three filed by the local legislature and one by the Guerrero state audit office. These appeals sought to overturn the admission of cases 174/2025 and 176/2025, filed by Abelina López, and the injunctions granted to her.
In the draft opinion by Justice Giovanni Azael Figueroa Mejía regarding appeal 41/2025-CA against the injunction granted to the mayor against the audit, the Court concluded that the grounds for appeal presented by the local legislature were unfounded, “and it is proposed to uphold the agreement granting the precautionary measure.”
“The appearance of a valid claim and the danger of delay are deemed satisfied because there are actions being taken to enforce specific responsibilities stemming from the request for information regarding federal resources, such as federal contributions (FISMDF), where only the Superior Audit Office of the Federation can carry out the corresponding auditing procedure, and not local authorities, such as the Superior Audit Office of the State of Guerrero,” the document states.
The mayor initiated the legal challenges through the municipal trustee, Miguel Jaimes Ramos, to halt a potential recall process and the information requests made by the local audit office regarding the audit of the 2023 Public Accounts, particularly concerning the use of federal resources from Branch 33 and the Fund for Contributions to Social and Municipal Infrastructure and the Territorial Demarcations of the Federal District (FAISMUN).
The appeals were resolved under three draft opinions, authored by María Estela Ríos González, Sara Irene Herrerías Guerra, and Giovanni Azael Figueroa Mejía, which declared the challenges filed by the State Audit Office (ASE) and the local Congress unfounded, as well as the appeal for review 41/2025 against the suspension incident, authored by Justice Giovanni Figueroa.
Unlike the three previous draft opinions, in 39/2025—also authored by Justice Herrería Guerra—the Court ruled in favor of the ASE, recognizing it as a defendant authority, after Justice Laynez had previously excluded it from the proceedings.
Source: jornada
