The Court of Appeal (Nigeria) sitting in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa, Governor of Ondo State, challenging an amendment to a lawsuit seeking to bar him from contesting the state’s governorship election in 2028.
In a unanimous decision delivered on Monday by a three-member panel of justices, the appellate court held that the appeal lacked merit and consequently awarded costs of ₦2 million against the governor.
Delivering the lead judgment, Justice Uchechukwu Onyemenam ruled that the governor failed to prove that the Federal High Court in Akure denied him a fair hearing when it exercised its discretion to allow an amendment to the suit filed against him.
The court further held that Aiyedatiwa did not establish that the lower court relied on a wrong legal principle in granting the amendment sought by the plaintiff.
With the ruling, the appellate court affirmed the earlier judgment of the Federal High Court delivered on November 24, 2025, which granted leave for the amendment of the originating summons in the case.
The suit was instituted by Dr. Akindele Egbuwalo, a chieftain of the All Progressives Congress (APC), who approached the court in July 2025 seeking a judicial interpretation of constitutional provisions regarding Aiyedatiwa’s eligibility to contest the governorship election again in 2028.
Egbuwalo argued that the governor may be constitutionally ineligible to seek another term, having already been sworn in twice as governor.
Aiyedatiwa first assumed office on December 27, 2024, following the death of his predecessor, Oluwarotimi Akeredolu, completing the remainder of the late governor’s tenure. He was later inaugurated again on February 24, 2025, after winning the state’s governorship election.
The plaintiff’s argument is anchored on provisions of the Constitution of the Federal Republic of Nigeria (1999), particularly Sections 137(3) and 182(3), which address term limits for individuals sworn in to complete the tenure of an elected president or governor.
Section 182(3) provides that any person sworn in as governor to complete another person’s term cannot be elected to the same office for more than one additional term.
In response to the suit, the defendants—including the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Governor Aiyedatiwa, the APC, and Deputy Governor Dr. Olayide Adelami—filed preliminary objections challenging the competence of the case.
They argued that the suit was premature and merely academic, noting that INEC had not released the timetable for the Ondo governorship election and that Aiyedatiwa had not publicly declared any intention to seek re-election.
Despite their objections, the Federal High Court in Akure, presided over by Justice Toyin Adegoke, granted the plaintiff’s request on November 24, 2025, to amend the originating processes in the case.
Dissatisfied with that ruling, Aiyedatiwa filed an appeal, alleging that the trial judge acted beyond her powers and violated his constitutional right to fair hearing.
The matter was initially lodged at the Akure Division of the Court of Appeal, which ordered the lower court to halt proceedings that were already approaching judgment. The case was subsequently transferred to the Abuja Division of the appellate court.
However, in its ruling on Monday in the appeal marked CA/ABJ/319/2025, the Court of Appeal dismissed the governor’s challenge, clearing the way for the amended suit questioning his eligibility to proceed at the trial court.
ELIJAH ADEYEMI
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