The Court of Appeal sitting in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa, the governor of Ondo State, challenging a ruling of the Federal High Court in Akure regarding a lawsuit questioning his eligibility to seek re-election.
In a unanimous decision delivered by a three-member panel, the appellate court ruled that the lower court acted properly when it granted an application by the plaintiff, Akindele Egbuwalo, to amend his originating summons in the case.
Egbuwalo, a member of the All Progressives Congress in Ondo State, had approached the Federal High Court seeking an interpretation of constitutional provisions concerning whether Aiyedatiwa and his deputy, Olayide Adelami, are eligible to contest another term in office.
On November 24, 2025, Justice Toyin Adegoke of the Federal High Court in Akure granted the plaintiff permission to amend the processes in the suit.
Dissatisfied with the ruling, Aiyedatiwa filed an appeal, arguing that the trial judge exceeded her authority and violated his constitutional right to a fair hearing.
However, delivering the lead judgment on Monday, Justice Uchechukwu Onyemenam held that the governor failed to prove that allowing the amendment caused any miscarriage of justice or denied him fair hearing.
The Court of Appeal consequently dismissed the appeal for lacking merit and ordered Aiyedatiwa to pay ₦2 million as costs.
The appellate court also dismissed another application by the governor seeking to overturn its earlier order of January 27, 2026, which had temporarily halted proceedings in the case at the Federal High Court.
According to the court, the stay of proceedings was a legitimate exercise of its authority and was necessary to protect the integrity of the appellate process.
The panel explained that asking the court to reverse the order would amount to requesting it to review its own decision. It added that the appropriate step available to the governor was to challenge the ruling at the Supreme Court of Nigeria.
The court also awarded an additional ₦2 million in costs against Aiyedatiwa.
Reacting to the judgment, the governor’s Chief Press Secretary, Ebenezer Adeniyan, said the ruling did not determine the substantive case about Aiyedatiwa’s eligibility to contest the 2028 governorship election.
According to him, the main case is still pending before the Federal High Court in Akure, noting that the appeal only concerned the amendment of court documents in the suit.
Aiyedatiwa was first sworn in as governor on December 27, 2024, following the death of former governor Oluwarotimi 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 running again, Egbuwalo filed the suit in July 2025, arguing that Aiyedatiwa may not be eligible to contest in 2028 because he has already taken the oath of office twice.
The plaintiff is seeking the court’s interpretation of provisions of the 1999 Constitution relating to whether a person who completes another governor’s tenure can be elected for more than one additional term.
