The Court of Appeal in Abuja on Monday dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, challenging an amendment to a suit seeking to bar him from contesting the 2028 governorship election.

A three-member panel of justices delivered a unanimous judgment, holding that the appeal lacked merit and awarding costs of N2 million against Governor Aiyedatiwa.

In the lead judgment, Justice Uchechukwu Onyemenam stated that the governor failed to prove that the Federal High Court in Akure denied him a fair hearing when it granted leave to amend the suit. The appellate court further held that the trial court’s discretion was not exercised on a wrong legal principle and affirmed the November 24, 2025 ruling permitting the amendment of the originating summons.

Governor Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Oluwarotimi Akeredolu, and was inaugurated for a second time on February 24, 2025, following his election victory.

Although Aiyedatiwa has not publicly indicated an intention to run again, Dr Akindele Egbuwalo, a chieftain of the All Progressives Congress (APC), approached the court in July 2025, arguing that the governor is ineligible to contest in 2028, having taken the oath of office twice.

Egbuwalo’s suit seeks an interpretation of Section 137(3) of the 1999 Constitution (as amended), which limits a person sworn in to complete another’s presidential term to one additional elected term. Similarly, Section 182(3) restricts a governor who completes the term of another elected official from being elected to the same office for more than a single term.

The defendants, including the 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, had filed preliminary objections, describing the suit as premature and academic. They argued that INEC had not announced the election timetable and that Aiyedatiwa had not declared an intention to seek re-election.

The plaintiff later applied to amend the suit, a move opposed by the defendants. However, Justice Toyin Adegoke of the Federal High Court in Akure allowed the amendment on November 24, 2025. Dissatisfied, Governor Aiyedatiwa appealed, alleging a breach of his constitutional right to a fair hearing and claiming the trial judge acted ultra vires.

The matter was initially lodged in the Akure division of the Court of Appeal, which ordered a halt to proceedings. It was later transferred to the Abuja Division, where the appeal, marked CA/ABJ/319/2025, was ultimately dismissed.