The court of appeal in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa, governor of Ondo state, challenging a federal high court ruling that allowed an amendment in a suit seeking to bar him from contesting the 2028 governorship election.
In a unanimous judgment delivered on Monday, a three-member panel of the appellate court held that the appeal lacked merit and awarded N2 million in costs against the governor.
Uchechukwu Onyemenam, who read the lead judgment, held that Aiyedatiwa failed to show that the federal high court in Akure denied him fair hearing when it exercised its discretion to grant leave for the amendment of the originating summons.
The court added that the governor did not establish that the trial court relied on a wrong legal principle in granting the application.
The appellate court therefore affirmed the ruling delivered on November 24, 2025, by Toyin Adegoke, judge of the federal high court in Akure, which permitted the amendment of the suit filed against the governor.
The suit was instituted by Akindele Egbuwalo, a chieftain of the All Progressives Congress (APC), who approached the court in July 2025 seeking an interpretation of Aiyedatiwa’s eligibility to contest the 2028 governorship election.
Egbuwalo argued that the governor may be ineligible to run again having taken the oath of office twice.
Aiyedatiwa was first sworn in on December 27, 2024, following the death of Oluwarotimi Akeredolu, the former governor of Ondo state.
He was later inaugurated again on February 24, 2025, after winning the state’s governorship election.
In the suit, the plaintiff asked the court to interpret sections 137(3) and 182(3) of the 1999 Constitution (as amended) as they relate to a person sworn in to complete the tenure of another elected official.
Section 182(3) of the constitution provides that a person sworn in as governor to complete another’s tenure cannot be elected to the same office for more than one additional term.
The defendants in the case include the Independent National Electoral Commission (INEC), the attorney-general of the federation, Aiyedatiwa, the APC, and Olayide Adelami, deputy governor of Ondo state.
They filed preliminary objections, arguing that the suit was speculative and premature since INEC had not released a timetable for the next governorship election and Aiyedatiwa had not indicated an intention to contest.
However, Adegoke allowed the plaintiff to amend the originating processes in her November 24, 2025 ruling.
Dissatisfied with the decision, Aiyedatiwa approached the court of appeal, alleging that the trial judge breached his constitutional right to fair hearing and acted outside her powers.
The appellate court has now dismissed the appeal by the governor marked CA/ABJ/319/2025.
