ABUJA — The Court of Appeal sitting in Abuja on Monday dismissed an appeal by Ondo State Governor Lucky Aiyedatiwa challenging an amendment to a suit seeking to bar him from contesting the 2028 governorship election. The three-member panel ruled unanimously that the appeal lacked merit and awarded N2 million in costs against the governor.
In the lead judgement, Justice Uchechukwu Onyemenam held that Governor Aiyedatiwa failed to prove that the Federal High Court in Akure denied him a fair hearing or applied the wrong legal principle in granting leave to amend the suit. The appellate court thereby affirmed the November 24, 2025 ruling of the Federal High Court allowing the amendment.
Governor Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Oluwarotimi Akeredolu and was inaugurated for a second time on February 24, 2025, following his electoral victory. Although he has not declared interest in the 2028 election, an APC chieftain, Dr Akindele Egbuwalo, filed the suit asserting that Aiyedatiwa is ineligible to run again, citing Sections 137(3) and 182(3) of the 1999 Constitution (as amended), which limit the number of terms for those completing another’s tenure.
The defendants—including INEC, the Attorney-General of the Federation, the governor, APC, and the Deputy Governor—had argued that the suit was premature. The Federal High Court had granted the plaintiff’s request to amend the suit, prompting Aiyedatiwa to appeal. The Court of Appeal in Abuja ultimately dismissed his appeal, marking the end of the legal challenge at that level.
