The Court of Appeal in Abuja has dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, who was challenging a Federal High Court in Akure ruling that questioned his eligibility to contest the upcoming governorship election in the state.
In a unanimous judgment delivered by a three-member panel on Monday, the appellate court ruled that the trial court correctly exercised its discretion when it allowed the plaintiff, Dr Akindele Egbuwalo, to amend his originating summons.
Justice Uchechukwu Onyemenam, who read the lead judgment, stated that Aiyedatiwa failed to show that the Federal High Court’s decision to allow the amendment occasioned any miscarriage of justice or denied him the right to a fair hearing.
Consequently, the appeal was dismissed for lacking merit, and the court awarded N2m in costs against the governor.
The ruling upheld the November 24, 2025, decision of the Federal High Court in Akure, which granted Egbuwalo leave to amend the originating summons in his suit challenging Aiyedatiwa’s eligibility for re-election.
Earlier, the Court of Appeal also dismissed an application by Aiyedatiwa seeking to set aside an order made on January 27, 2026, which had stayed further proceedings in the suit at the Federal High Court.
The court explained that the stay of proceedings did not amount to arresting the judgment of the trial court but was a lawful exercise of the appellate court’s jurisdiction to protect the integrity of its proceedings.
The panel added that the appeal had already been entered, records compiled, and briefs filed when the order was made. It further emphasized that requesting the Court of Appeal to set aside the order it validly made on January 27, 2026, would be tantamount to asking the court to sit on appeal over its own decision.
The court noted that Aiyedatiwa’s proper recourse would be to challenge the decision before the Supreme Court, and awarded an additional N2m in costs against him.
