The Court of Appeal has dismissed an appeal filed by Lucky Aiyedatiwa against a November 24, 2025 ruling of the Federal High Court that questioned his eligibility to contest the next governorship election in the state.
In a unanimous judgment, a three-member panel of the appellate court held that the Federal High Court properly exercised its discretion when it granted Akindele Egbuwalo, the plaintiff in the case, permission to amend his originating summons.
Justice Uchechukwu Onyemenam, who delivered the lead judgment, stated that Aiyedatiwa failed to prove that the decision of the trial judge caused him any injustice or denied him a fair hearing.
The court consequently dismissed the governor’s appeal, describing it as lacking merit, and ordered him to pay N2 million as costs.
Earlier in the proceedings, the appellate court had also dismissed an application by Aiyedatiwa seeking to overturn an order issued on January 27, 2026, which stayed further proceedings in the suit before the Federal High Court in Akure.
According to the Court of Appeal, the January 27 order did not invalidate or halt the trial court’s judgment. Instead, it represented a legitimate exercise of the appellate court’s authority aimed at safeguarding the integrity of its proceedings.
The court explained that by the time the order was granted, Aiyedatiwa’s appeal had already been entered, the records compiled, and briefs filed. It therefore ruled that the appellate court acted appropriately to preserve the subject matter of the case and prevent its proceedings from becoming futile.
The panel further held that asking the court to set aside its own valid order would effectively mean sitting on appeal over its own decision. It noted that the governor’s appropriate legal option would be to approach the Supreme Court of Nigeria if he wished to challenge the ruling.
In addition, the court imposed another cost of N1 million against the governor for filing the application that sought to nullify the January 27 order.
What you should know
The legal dispute surrounding Governor Lucky Aiyedatiwa’s eligibility is part of ongoing pre-election litigation often seen in Nigerian politics before major governorship contests.
Such cases typically focus on nomination procedures, constitutional qualifications, or party processes. By dismissing the appeal, the Court of Appeal has upheld the Federal High Court’s procedural decision allowing the plaintiff to amend his case.
The ruling does not automatically determine the final eligibility question but keeps the underlying suit alive. The governor’s next legal option, if he wishes to challenge the appellate decision, is to approach the Supreme Court.
