The Court of Appeal in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa, Governor of Ondo State, challenging a ruling of the Federal High Court in Akure that questioned 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 properly exercised its discretion when it granted the plaintiff, Akindele Egbuwalo, leave to amend his originating summons in the suit.
Delivering the lead judgment, Uchechukwu Onyemenam said the governor failed to demonstrate that the trial judge’s decision caused him any miscarriage of justice or denied him the right to a fair hearing.
The Court of Appeal consequently dismissed the appeal for lacking merit and awarded ₦2 million in costs against the governor.
The appellate court had earlier dismissed a separate application filed by Aiyedatiwa seeking to set aside an order made on January 27, 2026, which stayed further proceedings in the case before the Federal High Court in Akure.
In its ruling, the court clarified that the January 27 order did not invalidate the trial court’s judgment but was a lawful exercise of its jurisdiction aimed at protecting the integrity of the appellate process.
The panel noted that by the time the order was issued, Aiyedatiwa’s appeal had already been entered, records of proceedings compiled, and briefs of argument filed.
According to the court, the order was necessary to preserve the subject matter of the litigation and prevent the appellate proceedings from being rendered nugatory.
It further held that granting the governor’s request to set aside the order would amount to the court sitting on appeal over its own decision.
The court advised that Aiyedatiwa’s appropriate remedy, if dissatisfied with the ruling, was to approach the Supreme Court of Nigeria.
The court also awarded ₦1 million in costs against the governor in respect of the application seeking to set aside the order.
