Re-election eligibility suit: Appeal Court rejects Aiyedatiwa’s appeal, affirms trial Court decision By Binta Haroon
Re-election eligibility suit: Appeal Court rejects Aiyedatiwa’s appeal, affirms trial Court decision
By Binta Haroon
The Court of Appeal sitting in Abuja on Monday dismissed an appeal filed by Ondo State Governor, Hon. Lucky Aiyedatiwa, challenging an amendment to a suit seeking to bar him from contesting the 2028 governorship election.
In a unanimous decision delivered by a three-member panel of justices, the appellate court held that the appeal lacked merit and consequently awarded a cost of N2 million against the governor.
Delivering the lead judgement, Justice Uchechukwu Onyemenam ruled that the appellant failed to establish that the Federal High Court in Akure denied him fair hearing when it exercised its discretion to grant leave for the amendment of the suit filed against him.
The court further held that Governor Aiyedatiwa was unable to demonstrate that the trial court’s discretion was based on any wrong legal principle.
Consequently, the appellate court affirmed the ruling of the Federal High Court delivered on November 24, 2025, which allowed the amendment of the originating summons in the suit challenging the governor.
It would be recalled that Aiyedatiwa was first sworn in as governor on December 27, 2024, to complete the tenure of the late Governor Oluwarotimi Akeredolu.
He was later inaugurated for a second time on February 24, 2025, after winning the Ondo State governorship election.
Although the governor has not publicly declared interest in seeking another term, an All Progressives Congress chieftain, Dr. Akindele Egbuwalo, approached the court in July 2025, contending that Aiyedatiwa is not eligible to contest the 2028 governorship election, having taken the oath of office twice.
The plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution (as amended) with respect to Aiyedatiwa’s eligibility to run again.
Section 137(3) provides that a person sworn in as president to complete the tenure of another elected official can only be elected to the same office for a maximum of one additional term.
Similarly, Section 182(3) of the Constitution stipulates that a person sworn in as governor to complete the tenure of another elected governor cannot be elected to the same office for more than one additional term.
The defendants in the suit, the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress (APC), and the Deputy Governor, Dr Olayide Adelami — had earlier filed preliminary objections challenging the competence of the suit, describing it as an academic exercise.
They also argued that the case was premature since INEC had not released the timetable for the next Ondo governorship election and Aiyedatiwa had not indicated any intention to contest.
The plaintiff subsequently applied to amend the suit, a move the defendants strongly opposed, filing counter-affidavits urging the court to dismiss the application.
However, in a ruling delivered on November 24, 2025, Justice Toyin Adegoke of the Federal High Court, Akure, granted the plaintiff’s request to amend the originating processes.
Dissatisfied with the ruling, Governor Aiyedatiwa approached the Court of Appeal, alleging that the trial judge breached his constitutional right to fair hearing and acted beyond her powers by assuming jurisdiction over the matter.
Following the appeal, the Court of Appeal in Akure initially directed the Federal High Court to stay proceedings in the case, which had already been scheduled for judgement.
The matter was later transferred to the Abuja Division of the Court of Appeal, which on Monday dismissed the appeal marked CA/ABJ/319/2025.
