By Ayodele Oni
Attempt by the Ondo State Governor, Lucky Aiyedatiwa to challenge the amendment of a suit seeking to bar him from contesting the 2028 governorship election, has suffered setback as the Court of Appeal sitting in Abuja on Monday dismissed the appeal.
Although the Governor has not publicly declared interest in the 2028 election, an APC chieftain, Dr. Akindele Egbuwalo, approached the Federal High Court in July 2025, seeking interpretation of the constitutional provisions on tenure.
The plaintiff argued that having taken the oath of office twice, Aiyedatiwa may not be eligible to contest again in 2028, citing provisions of Sections 137(3) and 182(3) of the 1999 Constitution (as amended), which limit the number of terms a person who completes another person’s tenure can serve.
Defendants in the suit — the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Governor Aiyedatiwa, the All Progressives Congress (APC), and Deputy Governor Dr. Olayide Adelami — had earlier filed preliminary objections, arguing that the suit was premature and speculative since no election timetable had been released and the governor had not declared interest in re-election.
However, the Federal High Court granted the plaintiff’s request to amend the suit, a decision that prompted the governor to appeal on grounds that his right to fair hearing was breached.
The appeal, marked CA/ABJ/319/2025, was subsequently dismissed by the Abuja Division of the Court of Appeal, paving the way for the substantive suit at the Federal High Court to continue.
In a unanimous decision delivered by a three-member panel, the appellate court held that the appeal lacked merit and awarded a cost of ₦2 million against the governor.
Delivering the lead judgement, Justice Uchechukwu Onyemenam ruled that Aiyedatiwa failed to prove that the Federal High Court in Akure denied him fair hearing when it granted leave for the amendment of the suit filed against him.
The court further held that the appellant could not establish that the lower court exercised its discretion based on any wrong legal principle.
The appellate court therefore affirmed the November 24, 2025 ruling of the Federal High Court in Akure, which allowed the plaintiff to amend the originating summons in the case challenging the governor’s eligibility for another term in office.
Governor Aiyedatiwa was first sworn in on December 27, 2024, following the death of former Governor Oluwarotimi Akeredolu, to complete the tenure for which Akeredolu was elected.
He was later inaugurated again on February 24, 2025, after winning the governorship election in the state.
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