The Court of Appeal sitting in Abuja has dismissed an appeal filed by Ondo State Governor, Lucky Aiyedatiwa, challenging a ruling of the Federal High Court in Akure that allowed a suit questioning his eligibility to contest the next governorship election in the state.
In a unanimous decision, a three-member panel of the appellate court held that the Federal High Court properly exercised its discretion when it granted the plaintiff, Akindele Egbuwalo, leave to amend his originating summons in the case.
Delivering the lead judgment, Justice Uchechukwu Onyemenam ruled that the governor failed to demonstrate that the trial judge’s decision resulted in any miscarriage of justice or denied him the right to a fair hearing.
The court consequently dismissed the appeal for lacking merit and awarded N2 million in costs against Aiyedatiwa.
Earlier in the proceedings, the appellate court also rejected an application by the governor seeking to set aside an order it issued on January 27, 2026, which stayed further proceedings in the suit before the Federal High Court in Akure.
According to the court, the January 27 order did not invalidate the trial court’s judgment but was a legitimate exercise of its jurisdiction aimed at safeguarding the integrity of its proceedings.
The panel noted that by the time the order was made, Aiyedatiwa’s appeal had already been entered, records compiled, and briefs of argument filed. It held that the court acted appropriately to preserve the subject matter of the case and prevent its proceedings from being rendered futile.
The appellate court further ruled that granting the governor’s request to set aside the order would amount to the court sitting on appeal over its own decision. It added that the appropriate step available to Aiyedatiwa was to approach the Supreme Court.
For the application seeking to set aside the January 27 order, the court also awarded ₦1 million in costs against the governor.
