The Court of Appeal in Abuja has dismissed the appeal filed by the governor of Ondo State, Lucky Aiyedatiwa against a ruling delivered on November 24, 2025, by a Federal High Court in Akure in a suit challenging his eligibility to contest the next governorship election in the state.
In a unanimous judgment on Monday, a three-member panel of the court held that the Federal High Court rightly exercise its discretion in issuing the November 24, 2025 order granting leave to Dr. Akindele Egbuwalo (who is the plaintiff in the suit) to amend his originating summons.
Justice Uchechukwu Onyemenam, who read the lead judgment, held that Aiyedatiwa failed to establish that the trial judge’s exercise of the court’s discretionary right in granting Egbuwalo’s application for leave to amend occasioned injustice against him and 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.
