The legal tussle over Governor Lucky Aiyedatiwa’s eligibility to contest another term in Ondo State has intensified, following a setback at the Court of Appeal in Abuja, which on Monday dismissed his appeal against a ruling from the Federal High Court in Akure. The development has reignited discussions on constitutional interpretations and the political future of the state.
Aiyedatiwa had challenged the Federal High Court’s decision granting Dr. Akindele Egbuwalo, an APC chieftain, leave to amend his suit questioning whether the governor could seek re-election in 2028 after having taken the oath of office twice.
In a unanimous judgment, a three-member appellate panel, led by Justice Uchechukwu Onyemenam, held that the trial court acted correctly in allowing the amendment. The court ruled that the governor had failed to demonstrate any miscarriage of justice or denial of his right to fair hearing, and dismissed the appeal as lacking merit, awarding N2 million in costs against him.
The case stems from Section 182(3) of the 1999 Constitution (as amended), which provides that anyone sworn in to complete the tenure of another governor may only be elected to that office for a single additional term. Egbuwalo contends that since Aiyedatiwa assumed office after the death of former Governor Oluwarotimi Akeredolu and later won the election, he has already served two terms in the eyes of the Constitution, potentially barring him from running again.
Aiyedatiwa was first sworn in on December 27, 2024, to complete Akeredolu’s tenure and took his second oath on February 24, 2025, after winning the November 16, 2024 election. While he has yet to declare intentions to run in 2028, the legal question over his eligibility has generated considerable political interest.
The governor had also sought to set aside a Court of Appeal order from January 27, 2026, which stayed proceedings at the Federal High Court. He argued that the stay effectively prevented judgment in the lower court. But the appellate court rejected this, noting that the stay was a lawful measure to protect the integrity of ongoing appellate proceedings. The panel described any attempt to overturn the order as an invitation for the court to sit in appeal over its own decision and added another N2 million in costs against the governor.
Reacting to the latest ruling, the Chief Press Secretary to the Governor, Ebenezer Adeniyan, clarified that the judgment did not concern the substantive matter of Aiyedatiwa’s eligibility, only the procedural issue of the amendment. “The main case is still in court. This was just an appeal on an amendment to the main case,” he said.
Legal experts say the appellate ruling has reinforced the procedural path but has not resolved the constitutional ambiguity over the governor’s eligibility to contest a second term. The ultimate interpretation of Section 182(3) now rests with the courts, potentially the Supreme Court.
Meanwhile, the political implications are already being felt in Ondo State, as stakeholders and party members closely monitor the proceedings. Some argue that the ruling could influence Aiyedatiwa’s decision-making, while others see it as a clarion call for early preparation for succession planning within the state’s political hierarchy.