Ondo Gov. Aiyedatiwa’s 2028 eligibility battle hits snag as court rejects amendment

The Abuja Court of Appeal has dismissed Governor Lucky Aiyedatiwa’s challenge against a lower court ruling regarding his 2028 eligibility.

A three-member panel unanimously upheld a Federal High Court decision allowing the plaintiff, APC chieftain Dr. Akindele Egbuwalo, to amend his original lawsuit.

Egbuwalo’s suit seeks a constitutional interpretation of Section 137(3) to determine if Aiyedatiwa and his deputy, Dr. Olayide Adelami, are eligible for a second term.

While the governor argued that the amendment breached his right to a fair hearing, Justice Uchechukwu Onyemenam ruled that Aiyedatiwa failed to prove any miscarriage of justice.

Consequently, the court dismissed the appeal as meritless and ordered the Governor to pay ₦2 million in costs.

The ruling affirmed the November 24, 2025, decision of the Federal High Court in Akure, which granted Egbuwalo leave to amend the originating summons in his suit challenging Aiyedatiwa’s eligibility for re-election.

Earlier in the proceedings, the Court of Appeal also dismissed an application filed by Aiyedatiwa, seeking to set aside an order it made on January 27, 2026, staying further proceedings in the suit before the Federal High Court.

The court held that the stay of proceedings did not amount to arresting the judgment of the trial court but was a lawful exercise of the appellate court’s jurisdiction aimed at protecting the integrity of its proceedings.

According to the court, the appeal had already been entered, records compiled, and briefs filed as of the time the order was made.

It added that asking the Court of Appeal to set aside the order it validly made on January 27, 2026, would amount to inviting the court to sit on appeal over its own decision.

The court noted that the option available to the governor was to challenge the decision before the Supreme Court.

The panel subsequently ordered Aiyedatiwa to pay an additional N2 million in costs.

Persecondnews recalls that Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Oluwarotimi Akeredolu.

He was subsequently inaugurated for a second time on February 24, 2025, following his victory in the governorship election held on November 16, 2024.

Although Aiyedatiwa has yet to indicate interest in running again, Egbuwalo approached the court in July 2025, insisting that Aiyedatiwa was not eligible to recontest in 2028, having already taken the oath of office twice.

The litigant sought an interpretation of Section 137(3) of the 1999 Constitution (as amended) regarding Aiyedatiwa’s eligibility to run for governor again.

Section 137(3) provides that a person sworn in as president to complete the term for which another person was elected shall only be elected to such office for a maximum of one additional term.

Meanwhile, Section 182(3) of the 1999 Constitution (as amended) stipulates that any person sworn in as governor to complete the term of another elected official is disqualified from being elected to the same office for more than a single term.