The Court of Appeal in Abuja has dismissed an appeal filed by Ondo State Governor Lucky Aiyedatiwa challenging a ruling that permitted changes to a legal action seeking interpretation of his eligibility to contest the state’s governorship election again.
In its decision, the appellate court concluded that the governor failed to demonstrate that the lower court acted improperly or violated his constitutional rights when it granted permission for the claimant to amend the originating processes in the case.
The justices also ruled that the trial court had exercised its discretionary authority appropriately and that the appellant did not establish any legal basis to overturn the earlier decision.
The judgment was delivered on Monday by a three-member panel sitting in Abuja, with Justice Uchechukwu Onyemenam reading the lead decision in the appeal marked CA/ABJ/319/2025. The court consequently dismissed the case for lacking merit and imposed a N2 million cost against the governor.
The dispute stems from a suit filed in July 2025 by an All Progressives Congress chieftain, Dr Akindele Egbuwalo, who asked the court to interpret constitutional provisions regarding whether Aiyedatiwa could contest another term after already taking the oath of office twice.
Aiyedatiwa was first sworn in on December 27, 2024, following the death of former governor Oluwarotimi Akeredolu, before later being inaugurated again on February 24, 2025, after winning the governorship election in the state.
The plaintiff relied on provisions of the 1999 Constitution, including Section 182(3), which addresses tenure limitations for a governor sworn in to complete another elected official’s term, arguing that such a person may only be elected to the office for one additional term.
Before the appeal, the Federal High Court in Akure on November 24, 2025 granted the claimant’s request to amend the originating summons despite opposition from the defendants, including the Independent National Electoral Commission, the Attorney-General of the Federation, the All Progressives Congress, and Deputy Governor Olayide Adelami.
The appellate court also dismissed a separate application by the governor seeking to vacate an earlier order issued on January 27, 2026, which suspended proceedings at the Federal High Court, holding that the directive was issued lawfully to safeguard the integrity of the appeal process while the matter remained under review.
