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Appeal Court throws out Aiyedatiwa’s appeal on re-election eligibility
The Court of Appeal sitting in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa, the governor of Ondo State, challenging an earlier ruling of a Federal High Court in the state.
Aiyedatiwa had approached the appellate court to contest a decision delivered on November 24, 2025, by the Federal High Court in Akure in a suit questioning his eligibility to contest the next governorship election in the state.
In a unanimous judgment delivered on Monday, a three-member panel of the appellate court held that the lower court properly exercised its discretion when it granted an application by Dr. Akindele Egbuwalo, the plaintiff in the case, to amend his originating summons.
Reading the lead judgment, Justice Uchechukwu Onyemenam ruled that the Ondo governor failed to prove that the trial judge’s decision to allow the amendment caused any injustice or denied him the right to fair hearing.
The court proceeded to dismiss the appeal marked: CA/ABJ/319/2025 for lacking in merit and awarded a cost of N2million against Aiyedatiwa.
Earlier, the court dismissed an application, marked: CA/ABJ/319m/2025, filed by the governor asking the court to set aside the order it made on January 27 staying further proceedings in the suit marked: FHC/AK/CS/100/2025 before the Federal High Court in Akure.
The Court of Appeal held that the order did not amount to arresting the judgment of the trial court, but it was an order made by the appellate court in the lawful exercise of its jurisdiction to protect the integrity of its proceedings.
It further held that as at when the order was made, the appeal filed by Aiyedatiwa had been entered, appeal had been entered, records compiled and briefs filed.
The court also held that the court rightly assumed jurisdiction and made the proper order to preserve the res to prevent its proceedings from being rendered nugatory.
It further held that asking the Appeal Court to set aside the order it validly made January 27, 2026 amounted to it to sit on appeal over its decision.
The court said the option opened to Aiyedatiwa was to appeal to the Supreme Court.
It proceeded to award a cost of N1million against the governor.
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