The Court of Appeal, Abuja Division, has dismissed an appeal filed by Ondo State Governor, Lucky Aiyedatiwa, challenging a decision allowing an amendment to a suit seeking to bar him from contesting the 2028 governorship election.
In a unanimous judgement delivered by a three-member panel of justices, the appellate court ruled that the appeal, marked CA/ABJ/319/2025, lacked merit and ordered the governor to pay N2 million in costs.
Delivering the lead judgement, Justice Uchechukwu Onyemenam held that Aiyedatiwa failed to demonstrate that the Federal High Court in Akure denied him a fair hearing when it granted leave for the amendment of the originating summons filed against him.
The court further ruled that the governor did not establish that the trial court exercised its discretion based on any wrong legal principle.
Consequently, the appellate court affirmed the earlier ruling of the Federal High Court delivered on November 24, 2025, which permitted the amendment of the suit.
The legal action was instituted in July 2025 by Akindele Egbuwalo, a chieftain of the All Progressives Congress (APC), who approached the court seeking a constitutional interpretation on whether Aiyedatiwa is eligible to seek re-election in 2028.
Egbuwalo argued that the governor would be ineligible to contest again because he had already taken the oath of office twice.
Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Oluwarotimi Akeredolu. He was later inaugurated again on February 24, 2025, after winning the state’s governorship election.
The plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution (as amended) as it relates to the governor’s eligibility to run for another term.
Section 137(3) of the Constitution states that any person sworn in as president to complete the term for which another person was elected can only be elected to the office for one additional term.
Similarly, Section 182(3) provides that a person sworn in as governor to complete the tenure of another elected official cannot be elected to the same office for more than a single additional term.
During the proceedings, the plaintiff applied to amend the originating processes, a move strongly opposed by the defendants.
The defendants in the case include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress (APC), and Ondo State Deputy Governor Olayide Adelami.
They filed preliminary objections challenging the competence of the suit, describing it as speculative and an academic exercise.
The defendants also argued that the matter was premature because the INEC had not released the timetable for the Ondo governorship election and the governor had not publicly declared an intention to contest.
However, Justice Toyin Adegoke of the Federal High Court in Akure ruled on November 24, 2025, that the plaintiff could amend the suit despite the objections.
Dissatisfied with the decision, Aiyedatiwa approached the Court of Appeal, alleging that the trial judge violated his constitutional right to a fair hearing and acted beyond her powers by assuming jurisdiction.
Following the appeal, the Court of Appeal in Akure initially ordered the Federal High Court to suspend proceedings in the matter, which had already been scheduled for judgement.
The case was subsequently transferred to the Abuja Division of the Court of Appeal, where the latest ruling dismissing the governor’s appeal was delivered.
