RismadarVoice Reporters, March 10, 2026
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 a future governorship election in the state.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the Federal High Court properly exercised its discretion when it granted an application by the plaintiff, Dr. Akindele Egbuwalo, to amend his originating summons in the case.
Egbuwalo, an All Progressives Congress (APC) chieftain in Ondo State, had approached the Federal High Court seeking an interpretation of Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Dr. Olayide Adelami, to contest another term in office.
In a ruling delivered on November 24, 2025, Justice Toyin Adegoke of the Federal High Court in Akure granted the plaintiff’s request to amend the originating processes.
Dissatisfied with the ruling, Aiyedatiwa appealed the decision, alleging that the trial court breached his constitutional right to a fair hearing and acted outside its jurisdiction.
However, delivering the lead judgment on Monday, Justice Uchechukwu Onyemenam held that the Governor failed to demonstrate that the trial court’s decision caused any miscarriage of justice or violated his right to fair hearing.
The Court of Appeal consequently dismissed the appeal for lacking merit and awarded N2 million in costs against the governor, affirming the Federal High Court’s earlier decision allowing the amendment of the suit.
The appellate court also dismissed a separate application by Aiyedatiwa seeking to set aside its earlier order of January 27, 2026, which stayed further proceedings in the case before the Federal High Court.
According to the court, the stay of proceedings was a lawful exercise of its jurisdiction intended to preserve the subject matter of the case and protect the integrity of the appellate process.
The panel explained that the appeal had already been entered, records compiled and briefs filed when the order was made, making it necessary to prevent the appellate proceedings from being rendered ineffective.
It further held that setting aside the order would amount to the court sitting on appeal over its own decision, noting that the Governor’s option was to challenge the ruling at the Supreme Court.
The court subsequently ordered the Governor to pay an additional N2 million in costs.
Reacting to the development, the Chief Press Secretary to the Governor, Mr. Ebenezer Adeniyan, clarified that the judgment did not determine the substantive case on 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 as Governor on December 27, 2024, following the death of former Governor Oluwarotimi Akeredolu, to complete the remainder of his tenure.
He was later inaugurated again on February 24, 2025, after winning the governorship election held on November 16, 2024.
Although the Governor has not formally declared interest in the 2028 election, Egbuwalo filed the suit in July 2025, arguing that Aiyedatiwa may not be eligible to seek another term having already taken the oath of office twice.
The plaintiff is seeking the court’s interpretation of constitutional provisions regarding the tenure of elected officials who assume office to complete another Governor’s term.
Section 182(3) of the 1999 Constitution (as amended) provides that a person sworn in as Governor to complete the tenure of another elected governor cannot be elected to the same office for more than one additional term.
