The Court of Appeal in Abuja has dismissed an appeal filed by Ondo State Governor, Lucky Aiyedatiwa, challenging a ruling of the Federal High Court in Akure on a suit questioning his eligibility to contest the next governorship election in the state.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the Federal High Court acted within its powers when it granted the plaintiff, Akindele Egbuwalo, leave to amend his originating summons in the case.
Justice Uchechukwu Onyemenam, who delivered the lead judgment, ruled that Aiyedatiwa failed to show that the trial court’s decision delivered on November 24, 2025, caused him any miscarriage of justice or denied him a fair hearing.
The court consequently dismissed the governor’s appeal for lacking merit and awarded ₦2 million in costs against him.
Earlier, the appellate court had also dismissed an application filed by Aiyedatiwa seeking to set aside its January 27, 2026, order, which stayed further proceedings in the suit before the Federal High Court in Akure.
In its ruling, the court clarified that the January 27 order did not nullify or halt the trial court’s judgment, describing it instead as a lawful exercise of the appellate court’s jurisdiction aimed at safeguarding the integrity of its proceedings.
The court noted that by the time the order was made, Aiyedatiwa’s appeal had already been entered, with records compiled and briefs of argument filed.
According to the panel, the order was necessary to preserve the subject matter of the dispute and ensure that the appellate proceedings were not rendered nugatory.
The court further held that asking it to set aside its own valid order would amount to sitting on appeal over its own decision, stressing that the governor’s appropriate remedy was to approach the Supreme Court.
It therefore awarded an additional ₦1 million in costs against Aiyedatiwa in relation to the application to set aside the January 27 order.
