Appeal Court rejects Aiyedatiwa challenge over eligibility lawsuit, upholding Federal High Court ruling and awarding ₦2m costs against the governor
The Court of Appeal in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa challenging a ruling of the Federal High Court in Akure in a suit questioning his eligibility to contest the next governorship election in Ondo State.
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In a unanimous judgment delivered by a three-member panel, the appellate court held that the trial court properly exercised its discretion when it allowed the plaintiff, Akindele Egbuwalo, to amend his originating summons in the case.
Akindele Egbuwalo had approached the Federal High Court seeking the interpretation of Section 137(3) of the 1999 Constitution regarding the eligibility of Lucky Aiyedatiwa and his deputy, Olayide Adelami, to contest for another term in office.
In a ruling delivered on November 24, 2025, Justice Toyin Adegoke of the Federal High Court in Akure granted the plaintiff’s request to amend the originating processes.
Dissatisfied with the decision, Lucky Aiyedatiwa filed an appeal, arguing that the trial judge breached his constitutional right to a fair hearing and wrongly assumed jurisdiction in the matter.
The Court of Appeal in Akure initially directed the trial court to halt proceedings, which had already been scheduled for judgment, before the matter was later transferred to the Abuja division.
Delivering the lead judgment on Monday, Justice Uchechukwu Onyemenam ruled that the governor failed to demonstrate that the Federal High Court’s decision resulted in any miscarriage of justice or denied him a fair hearing.
The appellate court consequently dismissed the appeal for lacking merit and awarded ₦2 million in costs against Lucky Aiyedatiwa.
The ruling effectively affirmed the November 24, 2025, decision of the Federal High Court allowing Akindele Egbuwalo to amend the originating summons in the eligibility lawsuit.
Earlier in the proceedings, the Court of Appeal also rejected an application filed by the governor seeking to set aside an order issued on January 27, 2026, which stayed further proceedings in the case at the Federal High Court.
The appellate court held that the stay of proceedings was a lawful exercise of its jurisdiction and did not amount to stopping the lower court from delivering judgment.
According to the panel, the order was necessary to preserve the subject of the dispute and ensure that the appellate process was not rendered ineffective.
The court added that asking it to reverse the order would effectively require it to sit on appeal over its own decision.
The panel noted that the appropriate legal option available to Lucky Aiyedatiwa was to challenge the ruling before the Supreme Court of Nigeria.
The judges also ordered the governor to pay an additional ₦2 million in costs.
Reacting to the judgment, the governor’s Chief Press Secretary, Ebenezer Adeniyan, said the appellate court decision did not determine the main issue regarding the governor’s eligibility.
Ebenezer Adeniyan explained that the substantive case challenging Lucky Aiyedatiwa’s eligibility to contest the 2028 governorship election remains pending before the Federal High Court in Akure.
Lucky Aiyedatiwa was first sworn in as governor on December 27, 2024, following the death of former governor Oluwarotimi Akeredolu.
The governor later took the oath of office again on February 24, 2025, after winning the governorship election held on November 16, 2024.
Although Lucky Aiyedatiwa has not publicly declared interest in another term, Akindele Egbuwalo filed the suit in July 2025, arguing that the governor may not be eligible to contest the 2028 election because he has already been sworn in twice.
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The plaintiff asked the court to interpret constitutional provisions that limit how many times a person who completes another governor’s tenure can subsequently be elected to the same office.
