The Court of Appeal sitting in Abuja has dismissed a suit filed by the Ondo State Governor, Lucky Aiyedatiwa, challenging a lower court’s decision to allow an amendment to a case 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 held that the appeal marked CA/ABJ/319/2025 lacked merit and consequently awarded N2 million cost against the governor.
The judgement, read by Justice Uchechukwu Onyemenam, ruled that Aiyedatiwa failed to prove that the Federal High Court in Akure denied him fair hearing when it granted leave for the amendment of the suit filed against him.
The court further held that the governor could not establish that the trial court exercised its discretion based on any wrong legal principle.
The appellate court therefore upheld the ruling of the Federal High Court delivered on November 24, 2025, which permitted the amendment of the originating summons in the case challenging Aiyedatiwa’s eligibility to seek another term.
The suit was instituted in July 2025 by an All Progressives Congress chieftain, Akindele Egbuwalo, who asked the court to interpret constitutional provisions regarding the governor’s eligibility to contest the 2028 governorship election.
Egbuwalo argued that Aiyedatiwa may not be eligible to seek another term 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 former governor, Rotimi Akeredolu.
He was later inaugurated again on February 24, 2025, after winning the state governorship election.
The plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution (as amended), which provides that a person sworn in to complete the tenure of another elected president may only be elected to the office for one additional term.
Similarly, Section 182(3) of the Constitution states that anyone sworn in as governor to complete another person’s tenure cannot be elected to the same office for more than one further term.
Following the filing of the suit, the plaintiff sought to amend the originating processes, a move strongly opposed by the defendants.
Those joined as defendants in the case include the Independent National Electoral Commission, the Attorney-General of the Federation and Minister of Justice, Aiyedatiwa, the All Progressives Congress, and the Deputy Governor, Olayide Adelami.
The defendants filed preliminary objections, arguing that the case was premature and merely academic since INEC had yet to release the timetable for the Ondo governorship election and the governor had not publicly declared any intention to contest.
However, Justice Toyin Adegoke of the Federal High Court in Akure granted the request for amendment despite the objections.
Dissatisfied with the ruling, Aiyedatiwa approached the Court of Appeal, alleging that the trial judge breached his constitutional right to fair hearing and acted outside her jurisdiction.
But in its ruling, the appellate court dismissed the governor’s claims and affirmed the lower court’s decision, allowing the amended suit to proceed.
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