Ondo 2028: Aiyedatiwa Loses Appeal Against Suit Challenging His Eligibility
The Court of Appeal in Abuja has dismissed an appeal filed by Ondo State Governor, Lucky Aiyedatiwa, challenging a Federal High Court ruling that allowed an amendment in a suit seeking to bar him from contesting the 2028 governorship election.
In a unanimous judgment delivered on Monday, a three-member panel held that the appeal lacked merit and awarded N2 million in costs against the governor.
Delivering the lead judgment, Justice Uchechukwu Onyemenam said Aiyedatiwa failed to prove that the Federal High Court in Akure denied him fair hearing when it granted leave for the amendment of the originating summons.
The court also held that the governor did not establish that the trial court relied on a wrong legal principle in granting the application.
The appellate court therefore affirmed the November 24, 2025 ruling of Justice Toyin Adegoke, which permitted the amendment of the suit filed against Aiyedatiwa.
The suit was instituted by Akindele Egbuwalo, a chieftain of the All Progressives Congress (APC), in July 2025, seeking an interpretation of Aiyedatiwa’s eligibility to contest the 2028 governorship election.
Egbuwalo argued that the governor may be ineligible, having taken the oath of office twice.
Aiyedatiwa was first sworn in 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.
The plaintiff asked the court to interpret sections 137(3) and 182(3) of the 1999 Constitution (as amended), which relate to persons sworn in to complete the tenure of another elected official.
Section 182(3) provides that a person sworn in as governor to complete another’s tenure cannot be elected to the same office for more than one additional term.
The defendants, including the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Aiyedatiwa, the APC, and Deputy Governor Olayide Adelami, had argued that the suit was speculative and premature.
They noted that INEC had not released a timetable for the next governorship election and Aiyedatiwa had not indicated any intention to contest.
Justice Adegoke, however, allowed the plaintiff to amend the originating processes.
Dissatisfied, Aiyedatiwa appealed, alleging that the trial judge breached his constitutional right to fair hearing and acted beyond her powers.
The Court of Appeal has now dismissed the governor’s appeal, marked CA/ABJ/319/2025.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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