Court Of Appeal Dismisses Aiyedatiwa’s Appeal Over Eligibility Suit

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The Court of Appeal sitting in Abuja has dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, challenging a decision of the Federal High Court of Nigeria in Akure that permitted a lawsuit questioning his eligibility to contest the state’s next governorship election.

In a unanimous judgment delivered by a three-member panel, the appellate court ruled that the lower court acted within its legal powers in handling the matter.

Delivering the lead judgment, Justice Uchechukwu Onyemenam held that the Federal High Court properly exercised its discretion when it granted the plaintiff, Akindele Egbuwalo, permission to amend his originating summons.

The court noted that Governor Aiyedatiwa failed to prove that the trial court’s decision caused him any injustice or denied him the right to fair hearing.

As a result, the appellate court dismissed the appeal for lacking merit and ordered the governor to pay ₦2 million as costs.

In addition, the Court of Appeal rejected another application filed by the governor seeking to nullify its earlier order issued on January 27, 2026, which stayed further proceedings in the case at the Federal High Court sitting in Akure.

The court clarified that the stay of proceedings did not invalidate the trial court’s earlier ruling but was issued to preserve the integrity of the appellate process.

According to the panel, by the time the order was granted, the appeal had already been properly entered before the Court of Appeal, with records compiled and legal briefs filed.

The justices further held that reversing the valid order would amount to the court reviewing its own decision, which it could not do under the law.

The court advised that if Governor Aiyedatiwa intends to challenge the decision, the appropriate legal step would be to approach the Supreme Court of Nigeria.

For filing the additional application seeking to overturn the stay order, the appellate court imposed another ₦1 million cost against the governor.

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