By Achile Danjuma
The Court of Appeal in Abuja has dismissed an appeal filed by Ondo State Governor Lucky Aiyedatiwa, upholding a Federal High Court ruling that allowed a challenge to his eligibility in the upcoming governorship election.
Delivering a unanimous judgment on Monday, a three-member panel of the appellate court ruled that the lower court correctly exercised its discretion by granting the plaintiff, Dr. Akindele Egbuwalo, leave to amend his originating summons.
Justice Uchechukwu Onyemenam, who delivered the lead judgment, stated that Governor Aiyedatiwa failed to demonstrate that the High Court’s decision led to a miscarriage of justice or violated his right to a fair hearing. Consequently, the court dismissed the appeal for lacking merit and imposed a cost of N2 million against the governor.
The ruling affirms the Akure Federal High Court’s November 24, 2025, decision, which permitted Egbuwalo to amend his suit challenging Aiyedatiwa’s eligibility for re-election.
In a related ruling, the Court of Appeal also dismissed a separate application by the governor seeking to vacate its January 27, 2026, order that stayed further proceedings in the High Court. The court clarified that the stay was a legitimate exercise of its jurisdiction to protect its proceedings from being rendered futile, noting that the appeal had already been formally entered.
The panel emphasized that asking it to set aside its own validly issued order would be tantamount to sitting in appeal over its own decision, adding that the proper recourse for the governor would be to challenge the order at the Supreme Court. The court awarded an additional N2 million in costs against Governor Aiyedatiwa in this application.