By Oyamhenbalor Naomi Ofure
The Court of Appeal, sitting in Abuja, on Monday, 9 March 2026, dismissed an appeal filed by Lucky Aiyedatiwa, the Governor of Ondo State, in a legal dispute over his potential eligibility to seek re-election in 2028.
In a unanimous decision delivered on Monday, a three-member panel of the appellate court ruled that the governor’s appeal lacked merit and ordered him to pay ₦2 million in costs. The lead judgment was delivered by Justice Uchechukwu Onyemenam of the Court of Appeal, who held that the governor failed to prove that the Federal High Court in Akure denied him a fair hearing when it allowed an amendment to the suit challenging his eligibility.
The court affirmed the earlier ruling of the Federal High Court delivered on 24 November 2025 by Justice Toyin Adegoke, which granted permission for the claimant to amend the originating summons.
Governor Aiyedatiwa was first sworn in on 27 December 2024 following the death of former governor Oluwarotimi Akeredolu, whose tenure he completed. He was later elected in his own right and inaugurated again on 24 February 2025.
However, an All Progressives Congress (APC) chieftain, Akindele Egbuwalo, filed a suit in July 2025 asking the court to interpret constitutional provisions on whether Aiyedatiwa can contest again in 2028. The plaintiff argued that since the governor has already taken the oath of office twice, the Constitution may restrict him to only one additional elected term.
The case relies on Section 182(3) of the 1999 Constitution of the Federal Republic of Nigeria, which states that a person who completes another governor’s tenure may only be elected to the office once more.
The defendants in the suit, including the Independent National Electoral Commission (INEC), the Office of the Attorney-General of the Federation (AGF), Governor Aiyedatiwa, the APC, and Deputy Governor Olayide Adelami, argued that the case was premature and merely academic, since the electoral body had not issued a timetable for the next governorship election and the governor had not declared any intention to run.
Despite those objections, the Federal High Court allowed the plaintiff to amend the suit. Aiyedatiwa subsequently appealed the decision, claiming a violation of his right to a fair hearing.
The Abuja Division of the Court of Appeal has now dismissed the appeal, allowing the substantive case on his eligibility to proceed at the lower court.
Although the next governorship election in the state will not take place until 2028, the ruling is expected to influence the course of politics and governance in the state, as observers within and outside the state are keenly watching how it may affect the governor’s discharge of his duties.