In a significant legal development, the Court of Appeal sitting in Abuja has dismissed the appeal filed by Ondo State Governor, Lucky Aiyedatiwa, challenging a November 24, 2025 ruling of the Federal High Court in Akure concerning his eligibility to contest the next governorship election in the state.
Delivering a unanimous decision, a three-member panel of the appellate court held that the Federal High Court acted within its discretion when it granted the plaintiff, Akindele Egbuwalo, permission to amend his originating summons in the suit.
Justice Uchechukwu Onyemenam, who delivered the lead judgment, ruled that Governor Aiyedatiwa failed to demonstrate that the trial judge’s decision caused him any injustice or violated his right to a fair hearing. Consequently, the court dismissed the appeal for lacking merit and awarded costs of ₦2 million against the governor.
The appellate court also dismissed an earlier application by Aiyedatiwa seeking to set aside its January 27, 2026 order that stayed further proceedings in the case before the Federal High Court in Akure.
According to the court, the January 27 order did not invalidate the trial court’s ruling but was a legitimate exercise of the appellate court’s authority aimed at safeguarding the integrity of its proceedings.
The panel noted that by the time the order was issued, Aiyedatiwa’s appeal had already been entered, with records compiled and briefs of argument duly filed.
The court further explained that the order was necessary to preserve the subject matter of the dispute and to prevent its proceedings from being rendered ineffective or nugatory.
In addition, the justices ruled that granting the governor’s request to set aside the order would amount to the court sitting on appeal over its own decision—an action outside its jurisdiction.
The panel therefore advised that the appropriate legal step available to the governor, should he wish to pursue the matter further, would be to approach the Supreme Court.
For filing the unsuccessful application to set aside the order, the court also imposed an additional cost of ₦1 million against the governor.
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