Ondo: Aiyedatiwa loses appeal against suit challenging his eligibility for re-election
Governor Aiyedatiwa’s Appeal Dismissed by Court of Appeal
By Ikechukwu Nnochiri, ABUJA
The Court of Appeal in Abuja dismissed an appeal on Monday filed by Ondo State Governor Lucky Aiyedatiwa. The appeal challenged an amendment to a suit seeking to disqualify him from running for re-election in 2028.
In a unanimous decision, a three-member panel of justices declared the appeal without merit and imposed costs of 2 million naira against Aiyedatiwa.
Justice Uchechukwu Onyemenam delivered the lead judgment, stating that the appellant failed to demonstrate that the Federal High Court in Akure had denied him a fair hearing when it granted permission to amend the suit. The court also found that Aiyedatiwa did not prove that the trial court’s discretion was based on erroneous legal principles.
The appellate court upheld the Federal High Court’s ruling from November 24, 2025, which permitted the amendment of the originating summons filed against Aiyedatiwa.
Aiyedatiwa first took office on December 27, 2024, to complete the term of the late Governor Oluwarotimi Akeredolu. He was subsequently inaugurated for a full term on February 24, 2025, after winning the state governorship election.
While Aiyedatiwa has not publicly expressed an intention to seek re-election, Dr. Akindele Egbuwalo, an All Progressives Congress (APC) chieftain, approached the court in July 2025. Egbuwalo contended that Aiyedatiwa is ineligible to run in 2028 due to his previous two oaths of office.
Egbuwalo sought an interpretation of Section 137(3) of the 1999 Constitution, which stipulates that an individual who completes a term as president may only be elected for one additional term. Similarly, Section 182(3) states that anyone sworn in as governor to complete another’s term is disqualified from serving more than one additional term.
The defendants—Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and Deputy Governor Dr. Olayide Adelami—filed preliminary objections against the suit, arguing its nonsensical and premature nature since INEC had yet to announce a timetable for the Ondo governorship election and Aiyedatiwa had shown no intent to run.
After the plaintiff sought to amend the suit, the defendants opposed the motion and submitted counter-affidavits for the application’s dismissal. However, Justice Toyin Adegoke of the Federal High Court in Akure approved the amendment request on November 24, 2025.
Aiyedatiwa subsequently appealed this ruling, claiming a breach of his constitutional right to a fair hearing and alleging that the trial judge exceeded her authority. Citing these concerns, the Court of Appeal in Akure directed the Federal High Court to pause proceedings, which were nearing judgment.
The case was later transferred to the Court of Appeal in Abuja, which dismissed the appeal marked CA/ABJ/319/2025 on Monday.
