The Court of Appeal in Abuja has dismissed an appeal filed by the Governor of Ondo State, 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 lower court properly exercised its discretion in the matter.
Delivering the lead judgment, Justice Uchechukwu Onyemenam ruled that the Federal High Court was right to grant the plaintiff, Akindele Egbuwalo, leave to amend his originating summons.
According to the court, Aiyedatiwa failed to demonstrate that the trial judge’s decision caused him any injustice or denied him a fair hearing.
Consequently, the appellate court dismissed the governor’s appeal for lacking merit and awarded ₦2 million in costs against him.
The court also dismissed a separate application filed by the governor seeking to set aside an order issued on January 27, 2026, which stayed further proceedings in the case at the Federal High Court of Nigeria sitting in Akure.
The appellate court held that the January 27 order did not invalidate the trial court’s ruling but was a lawful exercise of its authority to safeguard the integrity of its proceedings.
It explained that by the time the order was issued, the appeal had already been entered, records compiled and briefs filed before the appellate court.
The court further ruled that setting aside its valid order would amount to sitting on appeal over its own decision.
It is therefore advised that Aiyedatiwa’s proper remedy was to approach the Supreme Court of Nigeria if he wished to challenge the ruling.
The appellate court subsequently awarded an additional ₦1 million cost against the governor for filing the application seeking to overturn its order.
