Appeal Court Dismisses Aiyedatiwa’s Bid to Halt 2028 Eligibility Suit

Appeal Court Dismisses Aiyedatiwa’s Bid to Halt 2028 Eligibility Suit

The Court of Appeal of Nigeria sitting in Abuja has dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, challenging a ruling that allowed amendments in a suit questioning his eligibility to contest the state’s 2028 governorship election.

In a unanimous judgment delivered on Monday, a three-member panel of the appellate court held that the appeal lacked merit and consequently awarded N2 million in costs against the governor.

Delivering the lead judgment, Justice Uchechukwu Onyemenam ruled that Aiyedatiwa failed to demonstrate that the Federal High Court in Akure denied him fair hearing when it granted an application allowing the claimant to amend the originating summons.

The court further held that the governor did not establish that the trial court relied on any wrong legal principle in granting the request.

The appellate court therefore affirmed the November 24, 2025 ruling delivered by Justice Toyin Adegoke of the Federal High Court in Akure, which permitted the amendment of the suit filed against the governor.

The case was initiated in July 2025 by Akindele Egbuwalo, a chieftain of the All Progressives Congress (APC), who asked the court to interpret whether Aiyedatiwa would be eligible to seek another term in the 2028 governorship election.

Egbuwalo argued that the governor may be constitutionally barred from contesting again, having been sworn into office twice.

Aiyedatiwa first took the oath of office on December 27, 2024, following the death of former governor Oluwarotimi Akeredolu. He was later inaugurated again on February 24, 2025, after winning the state’s governorship election.

In the suit, the plaintiff asked the court to interpret Sections 137(3) and 182(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) concerning individuals sworn in to complete the tenure of another elected official.

Section 182(3) of the Constitution provides that a person who assumes office as governor to complete another’s tenure cannot be elected to the same position for more than one additional term.

The defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Aiyedatiwa, the APC, and the Deputy Governor of Ondo State, Olayide Adelami.

They had earlier filed preliminary objections, arguing that the case was speculative and premature since INEC had yet to release a timetable for the next governorship election and the governor had not declared interest in the race.

However, Justice Adegoke dismissed the objections and granted the claimant permission to amend the originating processes, prompting the governor to approach the appellate court.

With Monday’s ruling dismissing the appeal marked CA/ABJ/319/2025, the case is expected to proceed at the Federal High Court for further hearing.