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The Court of Appeal, Abuja Division, has dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, challenging an amendment to a suit aimed at barring him from seeking re-election in 2028.
The appellate court, in a unanimous decision by a three-member panel of justices, held that the appeal, CA/ABJ/319/2025, lacked merit and awarded costs of N2 million against Mr Aiyedatiwa.
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In the judgement delivered by Uchechukwu Onyemenam, the court held that the appellant failed to establish that the Federal High Court in Akure denied him a fair hearing when it exercised its discretion to grant leave to amend the suit against him.
It further held that the governor failed to prove that the trial court’s discretion was based on an incorrect legal principle.
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The appellate court affirmed the Federal High Court’s ruling of 24 November 2025, which allowed amendment of the originating summons filed against the governor.
A chieftain of the All Progressives Congress (APC), Akindele Egbuwalo, approached the court in July 2025 seeking to resolve the question of Mr Aiyedatiwa’s eligibility to stand for election for a second term.
Mr Egbuwalo insisted that the governor is not eligible to recontest in 2028, having already taken the oath of office twice.
He sought an interpretation of Section 137(3) of the 1999 Constitution (as amended) regarding Mr Aiyedatiwa’s eligibility to run for governor again
The governor was sworn in on 27 December 2024 to complete the late Governor Oluwarotimi Akeredolu’s tenure.
He was subsequently inaugurated for a second time on 24 February 2025, following his victory in the state’s governorship election.
Section 137(3) of the Nigerian Constitution provides that a person sworn in as president to complete the term for which another person was elected shall only be elected to such office for a maximum of one additional term.
Also, Section 182(3) stipulates that any person sworn in as governor to complete the term of another elected official is disqualified from being elected to the same office for more than a single term.
The plaintiff later applied to amend the suit, but the defendants vehemently opposed the move and filed counter-affidavits seeking dismissal of the application.
The defendants—the Independent National Electoral Commission (INEC); the Attorney-General of the Federation and Minister of Justice; Mr Aiyedatiwa; the All Progressives Congress (APC); and Deputy Governor Olayide Adelami—filed notices of preliminary objection, challenging the competence of the suit and describing it as an academic exercise.
They further contended that the suit was premature, as INEC had not released the timetable for the Ondo governorship election and Mr Aiyedatiwa had not indicated any intention to vie for office.
However, in a ruling on 24 November 2025, Toyin Adegoke, a judge of the Federal High Court in Akure, granted the plaintiff’s request to amend the originating processes despite the defendants’ objections.
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Dissatisfied with the ruling, Mr Aiyedatiwa appealed, alleging a breach of his constitutional right to a fair hearing.
He claimed the trial judge acted ultra vires her powers and wrongly assumed jurisdiction.
Owing to Mr Aiyedatiwa’s contentions, the Court of Appeal in Akure—where the matter was initially lodged—directed the high court to halt proceedings, which were already slated for judgement.
The case was later transferred to the Abuja Division of the Court of Appeal.
