The Court of Appeal Nigeria sitting in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa challenging a ruling of the Federal High Court Nigeria in Akure regarding a suit that questions his eligibility to contest the next governorship election in Ondo State.
In a unanimous judgment delivered by a three member panel on Monday, the appellate court ruled that the trial court acted properly when it granted an application by the plaintiff, Akindele Egbuwalo, to amend his originating summons in the case.
Justice Uchechukwu Onyemenam, who delivered the lead judgment, stated that the governor failed to demonstrate that the decision of the Federal High Court caused any miscarriage of justice or violated his right to fair hearing. As a result, the Court of Appeal dismissed the appeal for lacking merit and ordered Aiyedatiwa to pay two million naira in costs.
The ruling upheld the earlier decision delivered on November 24, 2025, by the Federal High Court in Akure which granted Egbuwalo permission to amend the originating summons in his suit challenging Aiyedatiwa’s eligibility for reelection.
During the proceedings, the Court of Appeal also rejected another application filed by the governor seeking to set aside its earlier order of January 27, 2026. That order had directed a stay of further proceedings in the case at the Federal High Court.
The appellate court explained that the stay of proceedings did not amount to stopping the judgment of the lower court but was a lawful exercise of its jurisdiction. According to the panel, the order was necessary to protect the integrity of the appeal process since the appeal had already been entered, records compiled and legal briefs filed.
The court further noted that setting aside the order would mean the court reviewing its own decision, which is not permitted under the law. It advised that the appropriate step available to the governor would be to challenge the ruling at the Supreme Court of Nigeria.
Following the dismissal of the application, the court also awarded another two million naira in costs against Aiyedatiwa.
The case remains significant as it continues to shape the legal debate surrounding eligibility and electoral processes ahead of the next governorship election in Ondo State.
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