The Court of Appeal in Abuja has dismissed an appeal by Ondo State Governor Lucky Aiyedatiwa challenging a Federal High Court ruling in a suit questioning his eligibility to contest the next governorship election in the state.
In a unanimous judgment delivered on March 9, 2026, by a three-member panel, the appellate court held that the appeal lacked merit. Justice Uchechukwu Onyemenam, who read the lead judgment, ruled that the Federal High Court in Akure properly exercised its discretion on November 24, 2025, when it granted plaintiff Dr. Akindele Egbuwalo leave to amend his originating summons in the case.
The court found that Aiyedatiwa failed to demonstrate that the trial judge's decision caused any miscarriage of justice or denied him a fair hearing. The appellate court also dismissed Aiyedatiwa's application to set aside its earlier January 27, 2026, order staying further proceedings in the suit at the lower court, describing the request as an improper attempt to appeal its own decision.
The proper course, it noted, would be an appeal to the Supreme Court.Costs of ₦2 million were awarded against the governor for the main appeal, with an additional ₦1 million for the failed application to vacate the stay order (totaling ₦3 million in some reports).
The suit, filed by APC chieftain Dr. Akindele Egbuwalo, seeks interpretation of constitutional provisions, particularly Section 137(3) of the 1999 Constitution (as amended)—regarding Aiyedatiwa's qualification to seek re-election in 2028.
Aiyedatiwa was first sworn in on December 27, 2024, to complete the late Governor Oluwarotimi Akeredolu's term, and again on February 24, 2025, after winning the November 16, 2024, governorship election.
The dismissal upholds the Federal High Court's procedural ruling on the amendment, allowing the substantive challenge to Aiyedatiwa's eligibility to proceed, subject to the ongoing stay and any further appeals.
The ruling marks a setback for the governor in his efforts to clear legal hurdles ahead of potential re-election bids amid debates over whether his prior swearing-ins count toward constitutional term limits.
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