The Court of Appeal in Abuja has dismissed an appeal filed by Ondo State Governor Lucky Aiyedatiwa disputing a Federal High Court verdict in Akure in a suit questioning his eligibility to run in the state’s upcoming governorship election.
In a unanimous decision handed down by a three-member panel, the appellate court determined that the trial court properly exercised its discretion when it allowed the plaintiff, Dr. Akindele Egbuwalo, a motion to amend his original summons in the case.
Egbuwalo, an All Progressives Congress chieftain in Ondo State, had filed a complaint in the Federal High Court seeking an interpretation of Section 137(3) of the Constitution regarding Aiyedatiwa’s and his deputy’s eligibility to run for a second term in office.
On November 24, 2025, Justice Toyin Adegoke of the Federal High Court in Akure allowed the plaintiff’s plea to alter the originating processes.
Dissatisfied with the decision, Aiyedatiwa filed an appeal, claiming a violation of his constitutional right to a fair hearing.
He alleged the trial judge acted ultra vires her powers and unlawfully usurped jurisdiction.
Owing to Aiyedatiwa’s contentions, the Court of Appeal in Akure, where the petition was initially lodged, directed the high court to pause proceedings, which were already planned for decision.
The matter was then moved to the Abuja Division of the Court of Appeal.
Reading the lead judgment on Monday, Justice Uchechukwu Onyemenam concluded that Aiyedatiwa failed to demonstrate that the Federal High Court’s decision to approve the amendment resulted in a miscarriage of justice or denied him the right to a fair hearing.
The appellate court dismissed the case for lack of merit and awarded the governor N2 million in costs.
The ruling upheld the Federal High Court in Akure’s decision on November 24, 2025, to allow Egbuwalo to alter the initial summons in his petition contesting Aiyedatiwa’s eligibility for re-election.
The ruling upheld the Federal High Court in Akure’s decision on November 24, 2025, to allow Egbuwalo to alter the initial summons in his petition contesting Aiyedatiwa’s eligibility for re-election.
Earlier in the proceedings, the Court of Appeal refused Aiyedatiwa’s motion to set aside an order it issued on January 27, 2026, which stayed further proceedings in the suit before the Federal High Court.
The court ruled that the stay of proceedings did not constitute an arrest of the trial court’s ruling but rather a permissible exercise of the appellate court’s jurisdiction to protect the integrity of its processes.
According to the court, the appeal had already been filed, records collated, and briefs submitted when the order was issued.
The panel also determined that the injunction was required to protect the res in the case and prevent the appeal processes from becoming nugatory.
It also stated that requesting the Court of Appeal to overturn the order it legitimately issued on January 27, 2026, would be tantamount to allowing the court to hear an appeal of its own decision.
The court observed that the governor had the option of challenging the verdict to the Supreme Court.
The panel then ordered Aiyedatiwa to pay another N2 million in charges.
Speaking with The PUNCH, the governor’s chief press secretary, Mr. Ebenezer Adeniyan, stated that the appellate court’s decision was not the major case determining Aiyedatiwa’s eligibility to run for governor in the 2028 election at the Federal High Court in Akure.
Adeniyan stated that the case was still ongoing in the lower court.
“The main case is still in court. This was just an appeal on an amendment to the main case,” he said.
Aiyedatiwa was first sworn in on December 27, 2023, to complete the term of the late Governor Oluwarotimi Akeredolu.
After winning the governorship election on November 16, 2024, he was inaugurated for the second time on February 24, 2025.
Although Aiyedatiwa has not expressed an interest in running again, Egbuwalo approached the court in July 2025, claiming that Aiyedatiwa was ineligible to re-run in 2028 because he had already taken the oath of office two times.
The petitioner requested an interpretation of Section 137(3) of the 1999 Constitution (as modified) to determine Aiyedatiwa’s eligibility to run for governor again.
Section 137(3) states that a person sworn in as president to complete the period for which another person was elected may only be elected to such office for a single additional term.
Meanwhile, Section 182(3) of the 1999 Constitution (as modified) states that any individual sworn in as governor to serve out the term of another elected official is barred from being elected to the same post for more than one term.
