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 that questioned his eligibility to contest the state’s next governorship election.
In a unanimous judgement delivered by a three-member panel, the appellate court held that the lower court acted within its powers when it granted Akindele Egbuwalo, the plaintiff, permission to amend his originating summons in the case.
Justice Uchechukwu Onyemenam, who delivered the lead judgement on Monday, ruled that Aiyedatiwa failed to prove that the decision of the trial judge caused him any injustice or denied him a fair hearing.
Consequently, the court dismissed the appeal for lacking merit and ordered the governor to pay N2 million as costs.
Earlier, the appellate court had also dismissed a separate application filed by Aiyedatiwa seeking to nullify an order issued on January 27, 2026, which stayed further proceedings in the suit before the Federal High Court in Akure.
Court will decide my 2028 eligibility — Aiyedatiwa
The court held that the January 27 order did not invalidate the trial court’s judgement but was a legitimate exercise of its jurisdiction aimed at protecting the integrity of its proceedings.
It noted that at the time the order was issued, Aiyedatiwa’s appeal had already been entered, with records compiled and briefs of argument filed before the appellate court.
According to the panel, the order was necessary to preserve the subject matter of the case and ensure that the appellate court’s proceedings were not rendered ineffective.
The court further ruled that granting the governor’s request to set aside the order would amount to reviewing its own decision, noting that the proper legal step available to him was to approach the Supreme Court.
The court also awarded an additional N1 million in costs against the governor over the application seeking to set aside the earlier order.
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