The Court of Appeal of Nigeria in Abuja has dismissed an appeal filed by Ondo State Gov. Lucky Aiyedatiwa challenging a ruling of the Federal High Court in Akure in a suit questioning his eligibility to contest another governorship election in the state.
In a unanimous decision delivered by a three-member panel, the appellate court held that the trial court properly exercised its discretion when it granted an application by the plaintiff, Akindele Egbuwalo, to amend his originating summons in the case.
Egbuwalo, a chieftain of the All Progressives Congress in Ondo State, had filed the suit seeking the interpretation of Section 137(3) of Nigeria’s Constitution in relation to the eligibility of Aiyedatiwa and his deputy, Olayide Adelami , to contest for another term.
In a ruling on Nov. 24, 2025, Justice Toyin Adegoke of the Federal High Court in Akure granted the plaintiff’s request to amend the originating processes in the suit.
Dissatisfied with the ruling, Aiyedatiwa filed an appeal, alleging that the trial judge breached his constitutional right to a fair hearing and acted outside her jurisdiction.
Following the appeal, the Court of Appeal in Akure initially directed the lower court to halt proceedings in the matter, which had been scheduled for judgment. The case was later transferred to the Abuja division of the appellate court.
Delivering the lead judgment Monday, Justice Uchechukwu Onyemewenam ruled that Aiyedatiwa failed to demonstrate that the Federal High Court’s decision to allow the amendment caused a miscarriage of justice or denied him a fair hearing.
The court dismissed the appeal for lacking merit and awarded 2 million naira in costs against the governor.
The ruling affirmed the Nov. 24, 2025 decision of the Federal High Court granting Egbuwalo leave to amend the originating summons in the suit challenging Aiyedatiwa’s eligibility for re-election.
Earlier in the proceedings, the appellate court also dismissed an application by Aiyedatiwa seeking to set aside an order issued Jan. 27, 2026, which stayed further proceedings in the case before the Federal High Court.
The court held that the stay of proceedings did not amount to stopping the trial court from delivering judgment but was a lawful exercise of the appellate court’s jurisdiction to protect the integrity of its proceedings.
According to the court, the appeal had already been entered, records compiled and briefs filed when the order was made.
The panel said the order was necessary to preserve the subject matter of the dispute and prevent the appellate process from being rendered ineffective.
It added that asking the court to set aside the order it validly issued would amount to inviting it to sit on appeal over its own decision, noting that the appropriate step for the governor would be to challenge the ruling before the Supreme Court of Nigeria.
The court subsequently ordered Aiyedatiwa to pay an additional 2 million naira in costs.
Reacting to the judgment, the governor’s Chief Press Secretary, Ebenezer Adeniyan said the decision did not determine the substantive case regarding Aiyedatiwa’s eligibility to contest the 2028 governorship election.
“The main case is still in court. This was just an appeal on an amendment to the main case,” Adeniyan said.
Aiyedatiwa was first sworn in as governor on Dec. 27, 2024, to complete the tenure of the late Gov. Rotimi Akeredolu . He was later inaugurated for another term on Feb. 24, 2025, following his victory in the Nov. 16, 2024 governorship election.
Although the governor has not publicly indicated interest in contesting again, Egbuwalo filed the suit in July 2025, arguing that Aiyedatiwa would not be eligible to run in 2028 because he had already taken the oath of office twice.
The plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution regarding the governor’s eligibility for another term.
Section 137(3) provides that a person sworn in to complete the term of an elected president may only be elected to that office for one additional term, while Section 182(3) contains similar provisions for governors.
