The Abuja Division of the Court of Appeal has dismissed an appeal filed by Lucky Aiyedatiwa, Governor of Ondo State, challenging a ruling of the Federal High Court in Akure in a suit questioning his eligibility to contest a future governorship election in the state.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the trial court acted within its powers when it granted an application by the plaintiff, Akindele Egbuwalo, to amend his originating summons in the case.
Egbuwalo, a chieftain of the All Progressives Congress (APC) in Ondo State, had approached the Federal High Court seeking the interpretation of constitutional provisions regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to contest another term in office.
Justice Toyin Adegoke of the Federal High Court in Akure had on November 24, 2025, granted the plaintiff’s request to amend the originating processes in the suit.
Dissatisfied with the ruling, Aiyedatiwa filed an appeal, alleging that the trial judge breached his constitutional right to fair hearing and acted beyond her powers.
However, delivering the lead judgment on Monday, Justice Uchechukwu Onyemenam held that the governor failed to demonstrate that the amendment allowed by the trial court caused any miscarriage of justice or denied him a fair hearing.
The appellate court consequently dismissed the appeal for lacking merit and awarded ₦2 million in costs against the governor, thereby affirming the earlier ruling of the Federal High Court that allowed Egbuwalo to amend his suit.
Earlier in the proceedings, the Court of Appeal also rejected an application by Aiyedatiwa seeking to set aside its January 27, 2026 order staying further proceedings in the case before the Federal High Court.
The court ruled that the stay of proceedings was a lawful exercise of its jurisdiction and was necessary to preserve the integrity of the appeal process, noting that records had already been compiled and briefs filed at the time the order was made.
According to the panel, asking the court to reverse the order would amount to inviting it to sit on appeal over its own decision. It added that the appropriate option available to the governor was to challenge the ruling at the Supreme Court of Nigeria.
The court also ordered Aiyedatiwa to pay an additional ₦2 million in costs.
Reacting to the judgment, the governor’s Chief Press Secretary, Ebenezer Adeniyan, clarified that the ruling did not determine the main case concerning Aiyedatiwa’s eligibility to contest the 2028 governorship election.
“The main case is still in court. This was just an appeal on an amendment to the main case,” Adeniyan said.
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 governorship election held on November 16, 2024.
Although the governor has not publicly declared interest in seeking another term, Egbuwalo approached the court in July 2025, arguing that Aiyedatiwa would not be eligible to contest again in 2028 because he had already taken the oath of office twice.
The suit seeks judicial interpretation of Section 182(3) of the 1999 Constitution, which 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.