By Our Correspondent
National News – The Court of Appeal sitting in Abuja has dismissed an appeal filed by Lucky Aiyedatiwa, the governor of Ondo State, challenging a Federal High Court ruling in a case questioning his eligibility to contest the state’s next governorship election.
The appellate court upheld the earlier decision that allowed an amendment to the suit filed against the governor, dealing a setback to his legal challenge.
The suit was initiated by Akindele Egbuwalo, a chieftain of the All Progressives Congress in Ondo State.
Egbuwalo asked the court to interpret provisions of the 1999 Constitution of Nigeria regarding whether Aiyedatiwa and his deputy, Olayide Adelami, are eligible to seek another term in office.
In its unanimous judgment, a three-member panel led by Uchechukwu Onyemenam ruled that the Federal High Court in Akure acted within its powers when it granted the plaintiff’s request to amend the originating summons.
The appellate court stated that the governor failed to prove that the amendment caused a miscarriage of justice or violated his right to fair hearing.
The ruling also dismissed a separate application by Aiyedatiwa seeking to overturn an earlier order that stayed proceedings at the lower court.
According to the panel, the order was a lawful step taken to preserve the integrity of the appellate process while the appeal was pending.
As part of its judgment, the court awarded costs of ₦2 million against the governor for the dismissed appeal.
It further ruled that asking the court to reverse its earlier stay order would amount to inviting it to sit on appeal over its own decision.
Aiyedatiwa was sworn in as governor on December 27, 2024, following the death of former governor Rotimi Akeredolu.
He later won the November 16, 2024 governorship election and was inaugurated again on February 24, 2025.
The ongoing legal dispute centres on whether taking the oath of office twice affects his eligibility to contest another election in 2028.
Section 182(3) of the constitution states that a person sworn in to complete another governor’s term can only be elected for one additional term.
The governor’s spokesman, Ebenezer Adeniyan, said the Court of Appeal ruling was not the final determination of the case.
He explained that the substantive matter regarding Aiyedatiwa’s eligibility to contest the 2028 governorship election remains pending before the Federal High Court in Akure.
