The Court of Appeal of Nigeria sitting in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa challenging a previous ruling regarding his eligibility to contest the forthcoming governorship election in Ondo State.
In a unanimous judgment delivered by a three-member panel, the appellate court upheld the earlier decision of the Federal High Court in Akure, which had granted permission to the plaintiff, Akindele Egbuwalo, to amend his originating summons in the suit challenging the governor’s eligibility.
Delivering the lead judgment, Justice Uchechukwu Onyemenam held that the Ondo State governor failed to prove that the trial court’s decision had violated his right to fair hearing or caused him any form of legal injustice.
The court ruled that the trial judge acted within the bounds of judicial discretion when the amendment was allowed and that there was no sufficient reason to overturn the decision.
Consequently, the appellate court dismissed the appeal on the grounds that it lacked merit and ordered the governor to pay ₦2 million as legal costs.
Earlier in the proceedings, the court had also rejected another application filed by Aiyedatiwa seeking to overturn an order issued on January 27, 2026, which temporarily halted further proceedings in the case at the Federal High Court in Akure.
According to the appellate court, the order was properly issued as part of its authority to safeguard ongoing appellate proceedings.
The judges explained that by the time the order was made, the appeal had already been formally entered, the records of proceedings compiled, and legal briefs submitted by the parties involved.
They further stated that the order was necessary to preserve the subject matter of the dispute and ensure that the appellate process was not rendered meaningless.
The court also noted that granting the governor’s request to reverse the order would effectively mean reviewing its own decision, which falls outside its jurisdiction.
The panel advised that the appropriate legal step available to the governor, if dissatisfied with the ruling, would be to approach the Supreme Court of Nigeria.
In addition to dismissing the application, the court awarded ₦1 million in costs against the governor.
The ruling represents the latest development in the ongoing legal dispute over Aiyedatiwa’s eligibility to participate in the upcoming governorship election in Ondo State.
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