AKURE: The Court of Appeal sitting in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa, governor of Ondo State, over a ruling in a case challenging his eligibility to contest a future governorship election.
In a unanimous judgment delivered by a three-member panel, the appellate court upheld the earlier decision of the Federal High Court in Akure, which had granted the plaintiff permission to amend the originating summons in the suit.
The case was filed by Akindele Egbuwalo, a chieftain of the All-Progressives Congress in Ondo State. He asked the court to interpret provisions of the Nigerian Constitution concerning the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek another term in office.
Justice Toyin Adegoke of the Federal High Court had, on November 24, 2025, allowed the plaintiff to amend the legal documents initiating the case.
Dissatisfied with the ruling, the governor challenged the decision at the appellate court, arguing that the trial judge acted beyond her powers and violated his right to a fair hearing.
However, delivering the lead judgment on Monday, Justice Uchechukwu Onyemenam ruled that Aiyedatiwa failed to demonstrate that the lower court’s decision caused any miscarriage of justice or infringed on his constitutional rights.
The court therefore dismissed the appeal for lacking merit and ordered the governor to pay ₦2 million in costs.
The appellate court also rejected another application by Aiyedatiwa seeking to overturn its earlier order of January 27, 2026, which directed the Federal High Court to suspend proceedings in the case.
According to the panel, the order was issued within the court’s powers and was necessary to preserve the subject matter of the dispute while the appeal was being considered.
The judges noted that setting aside the order would amount to the court reviewing its own decision, which is not permissible.
The court further ruled that if the governor was dissatisfied with the judgment, his next legal option would be to challenge it at the Supreme Court of Nigeria. An additional ₦2 million cost was also awarded against him.
Reacting to the development, the governor’s Chief Press Secretary, Ebenezer Adeniyan, clarified that the appellate court ruling does not determine the main issue of whether Aiyedatiwa is eligible to contest the 2028 governorship election.
According to him, the substantive case remains pending before the Federal High Court in Akure.
Aiyedatiwa first assumed office as governor on December 27, 2024, following the death of former governor Oluwarotimi Akeredolu. He was later sworn in again on February 24, 2025, after winning the governorship election conducted on November 16, 2024.
Although the governor has not publicly declared an intention to run again, Egbuwalo approached the court in July 2025, arguing that Aiyedatiwa should not be eligible to contest the 2028 election because he has already taken the oath of office twice.
The suit seeks judicial interpretation of constitutional provisions governing tenure limits for political office holders who complete the term of a predecessor.
