The Court of Appeal in Abuja has dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, over a legal dispute linked to a suit seeking to stop him from contesting the 2028 governorship election.
The decision was delivered on Monday by a three-member panel of justices who agreed that the appeal had no basis. The court also ordered the governor to pay N2 million as cost.
In the lead judgement, Justice Uchechukwu Onyemenam ruled that Aiyedatiwa did not show that the Federal High Court in Akure denied him a fair hearing when it allowed the claimant to amend the case filed against him.
The court also stated that the governor failed to prove that the lower court used a wrong legal approach when it permitted the amendment.
With the ruling, the appellate court confirmed the earlier decision of the Federal High Court delivered on November 24, 2025.
The lower court had approved an amendment to the originating summons in the case challenging Aiyedatiwa’s possible eligibility to run for another term.
Aiyedatiwa first became governor on December 27, 2024, after he was sworn in to complete the tenure of the late Governor Oluwarotimi Akeredolu.
He was later sworn in again on February 24, 2025, after winning the Ondo State governorship election.
Although the governor has not publicly declared interest in the 2028 election, a member of the All Progressives Congress, Dr. Akindele Egbuwalo, approached the court in July 2025.
The party chieftain asked the court to determine whether Aiyedatiwa can legally seek another term in office.
Egbuwalo argued that the governor may not be qualified to contest again because he has already taken the oath of office twice.
He therefore asked the court to interpret Section 137(3) of the 1999 Constitution as amended.
The section explained that anyone who completes the tenure of another person elected as president can only be elected to the office for one additional term.
A similar provision exists under Section 182(3) of the constitution for governors, stating that a person who finishes the term of another elected governor cannot be elected to the same office for more than one further term.
Several parties were listed as defendants in the suit.
They include the Independent National Electoral Commission, the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress, and the Deputy Governor of Ondo State, Dr. Olayide Adelami.
The defendants had earlier filed preliminary objections asking the court to dismiss the case.
They argued that the matter was unnecessary because the electoral commission had not released the timetable for the Ondo governorship election and the governor had not declared interest in contesting.
After the case was filed, the claimant applied to amend the originating processes. The defendants opposed the request and urged the court to reject the application.
However, Justice Toyin Adegoke of the Federal High Court in Akure later allowed the amendment on November 24, 2025, permitting the claimant to adjust the documents related to the case.
Aiyedatiwa challenged that decision at the Court of Appeal, claiming that the trial judge acted beyond her authority and violated his right to fair hearing.
Following his complaint, the Court of Appeal in Akure initially ordered the lower court to suspend further proceedings in the case, which had already been fixed for judgement.
The matter was later moved to the Abuja division of the appellate court. In its ruling on Monday, the court dismissed the appeal marked CA/ABJ/319/2025, thereby allowing the amended suit at the Federal High Court to continue.
