Aiyedatiwa loses appeal in suit challenging re-election eligibility

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 in 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 granted an application by the plaintiff, Dr. 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 at the Federal High Court seeking an interpretation of Section 137(3) of the Constitution regarding the eligibility of Aiyedatiwa and his deputy, Dr. Olayide Adelami, to contest for another term in office.

In a ruling on November 24, 2025, Justice Toyin Adegoke of the Federal High Court in Akure granted the plaintiff’s request to amend the originating processes.

Dissatisfied with the decision, Aiyedatiwa appealed, alleging that the ruling violated his constitutional right to a fair hearing. He argued that the trial judge acted beyond her powers and wrongly assumed jurisdiction.

Following the appeal, the Court of Appeal in Akure initially directed the Federal High Court to halt proceedings in the case, which had already been slated for judgment. The matter was later transferred to the Abuja Division of the appellate court.

Delivering the lead judgment on Monday, Justice Uchechukwu Onyemenam ruled that the governor failed to demonstrate that the trial court’s decision to allow the amendment caused any miscarriage of justice or denied him a fair hearing.

The appellate court consequently dismissed the appeal for lacking merit and awarded N2 million in costs against the governor, thereby affirming the November 24, 2025 ruling of the Federal High Court.

Earlier in the proceedings, the court also dismissed another application by Aiyedatiwa seeking to set aside its January 27, 2026 order staying further proceedings in the case before the Federal High Court.

The panel held that the stay of proceedings did not amount to halting the judgment of the trial court but was a lawful exercise of the appellate court’s powers aimed at protecting the integrity of its proceedings.

According to the court, the appeal had already been entered, records compiled and briefs filed at the time the order was made. It said the stay was necessary to preserve the subject matter of the case and prevent the appellate proceedings from being rendered nugatory.

The court added that asking it to set aside the order would amount to inviting it to sit on appeal over its own decision, noting that the governor’s option was to challenge the ruling before the Supreme Court. It also awarded an additional N2 million in costs against Aiyedatiwa.

Reacting to the judgment, the Chief Press Secretary to the governor, Mr. Ebenezer Adeniyan, said the ruling did not determine the substantive case challenging 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 on December 27, 2024, to complete the tenure of the late Ondo State governor, Oluwarotimi Akeredolu. He was later inaugurated again on February 24, 2025, after winning the governorship election held on November 16, 2024.

Although the governor has not declared interest in running again, Egbuwalo approached the court in July 2025, arguing that Aiyedatiwa would not be eligible to contest in 2028 since he had already taken the oath of office twice.

The suit seeks an interpretation of Section 137(3) of the 1999 Constitution of Nigeria (as amended), which provides that a person sworn in to complete another’s presidential term can only be elected to that office for one additional term.

Similarly, Section 182(3) of the Constitution states that a person sworn in as governor to complete the tenure of another elected official cannot be elected to the same office for more than one further term.