The Court of Appeal in Abuja has dismissed an appeal filed by Ondo State Governor, Lucky Aiyedatiwa, challenging a ruling of the Federal High Court in Akure in a suit questioning his eligibility to contest the next governorship election in the state.
In a unanimous judgment, a three-member panel of the appellate court held that the trial court properly exercised its discretion when it granted an application by the plaintiff, Dr Akindele Egbuwalo, to amend his originating summons.
Appeal Court Upholds Amendment of Suit
Egbuwalo, an All Progressives Congress chieftain in Ondo State, had approached the Federal High Court seeking an interpretation of Section 137(3) of the Constitution regarding the eligibility of Aiyedatiwa and his deputy, Dr Olayide Adelami, to contest for a second 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.
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Dissatisfied with the ruling, Aiyedatiwa filed an appeal, alleging that the trial judge breached his constitutional right to a fair hearing. He also argued that the judge acted beyond her powers and wrongly assumed jurisdiction.
Following the appeal, the Court of Appeal in Akure, where the case was initially filed, directed the Federal High Court to halt proceedings in the matter, which had already been scheduled for judgment. The case was later transferred to the Abuja Division of the appellate court.
Court Says No Breach of Fair Hearing
Delivering the lead judgment on Monday, Justice Uchechukwu Onyemenam held that Aiyedatiwa failed to show that the decision of the Federal High Court to allow the amendment caused any miscarriage of justice or violated his right to a fair hearing.
The appellate court therefore dismissed the appeal for lacking merit and awarded N2 million in costs against the governor.
The judgment affirmed the November 24, 2025, ruling of the Federal High Court in Akure, which granted Egbuwalo leave to amend the originating summons challenging Aiyedatiwa’s eligibility for re-election.
Application to Set Aside Stay of Proceedings also Dismissed
Earlier in the proceedings, the Court of Appeal also dismissed another application filed by Aiyedatiwa seeking to set aside an order it made on January 27, 2026, which stayed further proceedings in the suit before the Federal High Court.
The appellate court held that the stay of proceedings did not amount to halting the judgment of the trial court but was a lawful exercise of its jurisdiction aimed at protecting the integrity of its proceedings.
According to the court, the appeal had already been entered, records compiled, and briefs filed at the time the order was made.
The panel further ruled that the order was necessary to preserve the subject matter of the case and prevent the appellate proceedings from being rendered nugatory.
It added that asking the Court of Appeal to set aside the order it validly made on January 27, 2026, would amount to inviting the court to sit on appeal over its own decision.
The court noted that the appropriate option open to the governor was to challenge the decision at the Supreme Court. It subsequently ordered Aiyedatiwa to pay an additional N2 million in costs.
Governor’s Aide Reacts
Reacting to the judgment, the Chief Press Secretary to the governor, Ebenezer Adeniyan, said the ruling did not determine the substantive case on Aiyedatiwa’s eligibility to contest the 2028 governorship election.
He said the main suit remained pending before the Federal High Court in Akure.
“The main case is still in court. This was just an appeal on an amendment to the main case,” Adeniyan said.
Background to the Eligibility Dispute
Aiyedatiwa was first sworn in as governor on December 27, 2024, to complete the tenure of the late 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 seeking another term, Egbuwalo filed the suit in July 2025, arguing that Aiyedatiwa would not be eligible to contest again in 2028 because he has already taken the oath of office twice.
The plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution (as amended) in relation to Aiyedatiwa’s eligibility to run for governor again.
Section 137(3) provides that a person sworn in as president to complete the tenure for which another person was elected can only be elected to the office for a maximum of one additional term.
Similarly, Section 182(3) of the Constitution states that a person sworn in as governor to complete the tenure of another elected official cannot be elected to the same office for more than one additional term.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.
