The Court of Appeal, sitting in Abuja on Monday, dismissed an appeal by Ondo State Governor, Lucky Aiyedatiwa, challenging an amendment to a suit that seeks to prevent him from running for re-election in 2028.
In a unanimous verdict delivered by a three-member panel, the appellate court ruled that the appeal was without merit and ordered Governor Aiyedatiwa to pay N2 million in costs.
Delivering the lead judgment, Justice Uchechukwu Onyemenam stated that the appellant failed to prove that the Federal High Court in Akure denied him a fair hearing when it granted leave to amend the suit against him.
The court also held that the governor could not show that the trial court’s discretion was exercised based on a wrong legal principle.
The ruling affirmed the Federal High Court’s November 24, 2025 decision, which allowed the amendment of the originating summons filed against Governor Aiyedatiwa.
Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Oluwarotimi Akeredolu, and he was inaugurated a second time on February 24, 2025, after winning the state’s governorship election.
Although Governor Aiyedatiwa has not officially indicated an intention to seek another term, a chieftain of the All Progressives Congress (APC), Dr Akindele Egbuwalo, approached the court in July 2025.
Egbuwalo argued that Aiyedatiwa is ineligible to contest in 2028, having taken the oath of office twice.
The litigant sought clarification on Section 137(3) of the 1999 Constitution (as amended), which limits someone sworn in to complete another’s term to only one additional term.
Section 182(3) of the Constitution further stipulates that any person sworn in as governor to complete the term of another elected official is disqualified from being elected to the same office for more than one term.
The defendants, including the Independent National Electoral Commission; the Attorney-General of the Federation and Minister of Justice; Governor Aiyedatiwa; the APC; and Deputy Governor Dr Olayide Adelami, filed preliminary objections, arguing that the suit was academic and premature since INEC had not released the election timetable and Aiyedatiwa had not declared interest in contesting.
The plaintiff later sought to amend the suit, but the defendants opposed the move, filing counter-affidavits seeking its dismissal.
However, Justice Toyin Adegoke of the Federal High Court in Akure allowed the amendment on November 24, 2025.
Dissatisfied, Governor Aiyedatiwa appealed, claiming a violation of his constitutional right to a fair hearing. He argued that the trial judge acted ultra vires and wrongly assumed jurisdiction.
Following these contentions, the Court of Appeal in Akure, where the case was initially filed, directed the high court to halt proceedings that were slated for judgment.
The case was later transferred to the Abuja Division of the Court of Appeal, which on Monday dismissed the appeal marked CA/ABJ/319/2025.
