The hope of Ondo state governor, His Excellency Prince Lucky Orimisan Ayedatiwa has been dashed when the Court of Appeal in Abuja on Monday, 9th of March 2026 dismissed an appeal filed by Governor Lucky Orimisan Aiyedatiwa of Ondo State challenging a ruling of the Federal High Court in Akure in a suit questioning his eligibility to contest the next governorship election in 2027.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the trial court properly exercised its discretion when it granted an application by the plaintiff, Dr Akindele Egbuwalo, to amend his originating summons in the case.
Ayemafuge learnt that Justice Uchechukwu Onyemenam, who read the lead judgment, ruled that Aiyedatiwa failed to show that the Federal High Court’s decision to allow the amendment occasioned any miscarriage of justice or denied him the right to a fair hearing.
The appellate court therefore dismissed the appeal for lacking merit and awarded N2m in costs against the governor.
The ruling affirmed the November 24, 2025, decision of the Federal High Court in Akure, which granted Egbuwalo leave to amend the originating summons in his suit challenging Aiyedatiwa’s eligibility for re-election in 2027.
“Earlier in the proceedings, the Court of Appeal also dismissed an application filed by Aiyedatiwa seeking to set aside an order it made on January 27, 2026, staying further proceedings in the suit before the Federal High Court”, our correspondent confirmed.
The court held that the stay of proceedings did not amount to arresting the judgment of the trial court but was a lawful exercise of the appellate court’s jurisdiction aimed at protecting the integrity of its proceedings.
According to the court, the appeal had already been entered, records compiled, and briefs filed as of the time the order was made.
The panel further held that “the order was necessary to preserve the res in the matter and prevent the appellate proceedings from being rendered nugatory.“
It added that asking the Court of Appeal to set aside the order it validly made on January 27, 2026, would amount to inviting the court to sit on appeal over its own decision.
The court noted that the option available to the governor was to challenge the decision before the Supreme Court which is the apex court of country.
The panel subsequently awarded another N2m in costs against Aiyedatiw.
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