By John Umeh
The Court of Appeal of Nigeria has dismissed an appeal filed by Lucky Aiyedatiwa, who sought to overturn a lower court ruling in a case questioning whether he can contest another governorship election.
In a unanimous decision delivered in Abuja by a three-member panel, the appellate court ruled that the Federal High Court in Akure acted properly when it allowed the plaintiff to amend his legal processes in the ongoing suit.
Origin of the Legal Battle
The case was initiated by Akindele Egbuwalo, a member of the All Progressives Congress, who approached the court seeking an interpretation of constitutional provisions relating to term limits.
Egbuwalo asked the court to determine whether Governor Aiyedatiwa and his deputy, Olayide Adelami, are eligible to contest another term after already taking the oath of office under unusual circumstances.
In November 2025, Justice Toyin Adegoke granted Egbuwalo permission to amend his originating summons—an action Aiyedatiwa challenged on appeal.
Appeal Court’s Decision
Reading the lead judgment, Justice Uchechukwu Onyemenam held that the governor failed to prove that the lower court’s decision caused any miscarriage of justice or violated his right to fair hearing.
The appellate court therefore dismissed the appeal for lacking merit and ordered Aiyedatiwa to pay ₦2 million in legal costs.
Earlier Motion Also Dismissed
During proceedings, the court also rejected another application by the governor seeking to set aside an earlier order issued on January 27, 2026, which had temporarily halted proceedings in the Federal High Court.
The panel ruled that the stay of proceedings was a lawful step intended to preserve the integrity of the appellate process and prevent the case from becoming meaningless before the appeal was determined.
The judges further held that asking the court to reverse its own order would amount to requesting it to sit in judgment over its previous decision.
As a result, the court imposed an additional ₦2 million cost against the governor.
Governor’s Aide Reacts
Reacting to the ruling, the governor’s Chief Press Secretary, Ebenezer Adeniyan, clarified that the judgment does not determine whether Aiyedatiwa can contest again.
According to him, the main case challenging the governor’s eligibility is still pending before the Federal High Court in Akure.
Background to the Dispute
Aiyedatiwa first assumed office on December 27, 2024, following the death of his predecessor, Oluwarotimi Akeredolu.
He later secured victory in the November 16, 2024 governorship election and was sworn in again on February 24, 2025.
The lawsuit filed in July 2025 argues that because he has already taken the oath of office twice, he may not be eligible to contest another term in 2028.
Constitutional Question
The dispute centers on provisions of the Constitution of the Federal Republic of Nigeria 1999, particularly Section 182(3), which limits the number of terms a person can serve if they first assumed office by completing another governor’s tenure.
The court will ultimately determine whether Aiyedatiwa’s unique path to office affects his eligibility for another run in the future.
