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 over a suit questioning his eligibility to contest the next governorship election in the state.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the trial court properly exercised its discretion when it allowed the plaintiff, Dr. Akindele Egbuwalo, to amend his originating summons.
Egbuwalo, a chieftain of the All Progressives Congress in Ondo State, had approached the Federal High Court seeking an interpretation of the Constitution on the eligibility of Governor Aiyedatiwa and his deputy, Dr. Olayide Adelami, to contest another term in office.
Justice Toyin Adegoke of the Federal High Court in Akure had earlier granted the request to amend the court processes in November 2025. Dissatisfied with the ruling, Governor Aiyedatiwa filed an appeal, alleging that his constitutional right to a fair hearing had been breached.
However, delivering the lead judgment, Justice Uchechukwu Onyemenam ruled that the governor failed to show that the decision of the lower court caused any miscarriage of justice or denied him a fair hearing. The Court of Appeal therefore dismissed the appeal for lacking merit and awarded two million naira in costs against the governor.
The appellate court also dismissed a separate application by the governor seeking to set aside its earlier order staying proceedings in the case at the Federal High Court. It held that the stay of proceedings was a lawful step aimed at protecting the integrity of the appellate process.
Reacting to the judgment, the governor’s Chief Press Secretary, Ebenezer Adeniyan, said the ruling does not determine the substantive case on Aiyedatiwa’s eligibility to contest the 2028 governorship election, noting that the matter is still pending before the Federal High Court in Akure.
Governor Aiyedatiwa was first sworn in on December 27, 2024, following the death of former Ondo State governor, Oluwarotimi Akeredolu, to complete his tenure. He was later inaugurated again on February 24, 2025, after winning the governorship election held in November 2024.
The plaintiff had argued that having taken the oath of office twice, the governor should not be eligible to contest again in 2028, and is asking the court to interpret the relevant constitutional provisions on tenure and eligibility for governors who complete the term of another elected official.
