Appeal Court Dismisses Aiyedatiwa’s Challenge To Re-Election Eligibility

The Court of Appeal in Abuja has dismissed the appeal filed by Ondo State Governor, Lucky Aiyedatiwa, against a November 24, 2025, ruling by the Federal High Court in Akure challenging his eligibility to contest the next governorship election in the state.

In a unanimous judgment, a three-member panel held that the Federal High Court rightly exercised its discretion in granting Akindele Egbuwalo, the plaintiff, leave to amend his originating summons.

Justice Uchechukwu Onyemenam, who read the lead judgment, said Aiyedatiwa failed to establish that the trial judge’s decision caused him injustice or denied him the right to a fair hearing.

The appellate court dismissed the governor’s appeal for lacking merit and awarded N2 million in costs against him.

Earlier, the court had also dismissed an application filed by Aiyedatiwa seeking to set aside an order made on January 27, 2026, which stayed further proceedings in the suit before the Federal High Court in Akure.

The Court of Appeal held that the January 27 order did not arrest the trial court’s judgment. Rather, it was a lawful exercise of the appellate court’s jurisdiction to protect the integrity of its proceedings.

The court noted that by the time the order was made, Aiyedatiwa’s appeal had been entered, records compiled, and briefs filed. It affirmed that the appellate court acted properly to preserve the res and prevent its proceedings from being rendered nugatory.

The court further held that asking it to set aside its valid January 27 order would amount to sitting on appeal over its own decision. It added that Aiyedatiwa’s proper recourse was to appeal to the Supreme Court.

Additionally, the court awarded ₦1 million in costs against the governor for the application to set aside its order.