The Court of Appeal of Nigeria in Abuja on Monday dismissed an appeal filed by Ondo State Governor Lucky Aiyedatiwa challenging an amendment to a suit seeking to bar him from running for a second full term in 2028.
A three-member panel of justices ruled the appeal lacked merit and awarded costs of N2 million against the governor.
In the lead judgment, Justice Uchechukwu Onyemenam held that Governor Aiyedatiwa failed to show that the Federal High Court in Akure denied him a fair hearing when it granted leave to amend the suit. He also said the governor could not prove that the trial court acted on a wrong legal principle.
The appellate court affirmed the High Court’s November 24, 2025 ruling, which allowed Akindele Egbuwalo to amend his originating summons.
Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Rotimi Akeredolu and was inaugurated for a second time on February 24, 2025, after winning the state governorship election.
Mr. Egbuwalo had approached the court in July 2025, arguing that Aiyedatiwa was not eligible to contest in 2028 because he had taken the oath of office twice.
He sought an interpretation of Sections 137(3) and 182(3) of the 1999 Constitution regarding the eligibility of someone sworn in to complete another official’s term.
The defendants, including the Independent National Electoral Commission, the Attorney-General of the Federation, Aiyedatiwa, the All Progressives Congress (APC) and Deputy Governor Olayide Adelami, filed preliminary objections, claiming the suit was premature.
The Federal High Court in Akure, on November 24, 2025, granted Egbuwalo’s application to amend the suit despite opposition from the defendants.
Aiyedatiwa appealed, alleging the trial court denied him a fair hearing and acted beyond its powers.
The Court of Appeal in Akure initially halted proceedings and the case was later transferred to Abuja, where the appeal marked CA/ABJ/319/2025 was dismissed.
