The Court of Appeal in Abuja has dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, against a ruling that allowed amendments in a suit questioning his eligibility to contest the 2028 governorship election.
In a unanimous judgment delivered on Monday, a three-member panel of the appellate court ruled that the appeal lacked merit and ordered the governor to pay N2 million as costs.
Delivering the lead judgment, Justice Uchechukwu Onyemenam held that Aiyedatiwa failed to prove that the Federal High Court in Akure denied him fair hearing when it granted permission for the amendment of the originating summons.
The court further stated that the governor did not demonstrate that the trial judge relied on any wrong legal principle in approving the application.
Consequently, the appellate court upheld the ruling delivered on November 24, 2025, by Justice Toyin Adegoke, which allowed the amendment of the suit filed against the governor.
The case was initiated by Akindele Egbuwalo, a member of the All Progressives Congress, who approached the court in July 2025 seeking a legal interpretation of Aiyedatiwa’s eligibility to contest the 2028 governorship election.
Egbuwalo argued that the governor might be disqualified from seeking another term because he had already taken the oath of office twice.
Aiyedatiwa first assumed office on December 27, 2024, after the death of the former governor, Oluwarotimi Akeredolu. He was later sworn in again on February 24, 2025, after winning the governorship election in the state.
In the suit, the plaintiff asked the court to interpret Sections 137(3) and 182(3) of the 1999 Constitution of Nigeria (as amended) regarding individuals who take office to complete the tenure of another elected official.
Section 182(3) provides that a person sworn in as governor to complete another’s tenure cannot be elected to the same office for more than one additional term.
The defendants in the suit include the Independent National Electoral Commission, the attorney-general of the federation, Aiyedatiwa, the APC, and the Deputy Governor of Ondo State, Olayide Adelami.
They had earlier filed preliminary objections, arguing that the case was speculative and premature since INEC had not released a timetable for the next governorship election and the governor had not publicly declared interest in the race.
However, Justice Adegoke allowed the plaintiff to amend the originating processes in her ruling.
Dissatisfied with the decision, Aiyedatiwa challenged the ruling at the Court of Appeal, claiming the trial judge violated his constitutional right to fair hearing and exceeded her powers.
The appellate court has now dismissed the appeal, marked CA/ABJ/319/2025.
