Aiyedatiwa loses bid to amend re-election eligibility suit
Aiyedatiwa loses bid to amend re-election eligibility suit after the Court of Appeal in Abuja dismissed an appeal filed by Ondo State Governor Lucky Aiyedatiwa against a ruling of the Federal High Court in Akure in a case questioning whether he can seek another term in office. The appellate court held that the lower court properly exercised its discretion when it granted an application by the plaintiff, Dr. Akindele Egbuwalo, to amend his originating summons. 
In practical terms, Aiyedatiwa loses bid to amend re-election eligibility suit means the governor failed to stop the lower-court case from continuing on the amended legal basis approved by the trial judge in November 2025. It does not amount to a final judicial pronouncement that he is ineligible to contest again. Even the governor’s camp acknowledged that the substantive case is still pending before the Federal High Court in Akure. 
The judgment was delivered by a three-member panel of the appellate court, with Justice Uchechukwu Onyemenam reading the lead decision. The court ruled that Aiyedatiwa did not show that the Federal High Court’s decision to allow the amendment caused any miscarriage of justice or denied him fair hearing. On that basis, the appeal was dismissed for lacking merit. 
That is the clean legal meaning of the day’s headline: Aiyedatiwa loses bid to amend re-election eligibility suit because the Court of Appeal found no reason to disturb the lower court’s procedural ruling. 
What the case is actually about
To understand why this ruling matters, it helps to separate the appeal from the main eligibility suit.
The suit was filed by Dr. Akindele Egbuwalo, an APC chieftain in Ondo State, who asked the Federal High Court to interpret constitutional provisions on tenure and eligibility as they relate to Aiyedatiwa and his deputy, Dr. Olayide Adelami. Specifically, the suit seeks interpretation of Section 137(3) and the governor-related equivalent in Section 182(3) of the 1999 Constitution. 
The constitutional issue arises because Aiyedatiwa first assumed office to complete the tenure of the late Governor Rotimi Akeredolu, and was then later sworn in again after winning the November 16, 2024 Ondo governorship election. The claimant argues that the Constitution limits how many times a person who completes another person’s tenure can subsequently be elected to the same office. 
So, Aiyedatiwa loses bid to amend re-election eligibility suit inside a much larger constitutional argument that has not yet been finally decided. The appeal was about amendment and procedure. The main case is still about tenure and eligibility. 
https://ogelenews.ng/aiyedatiwa-loses-bid-to-amend-re-election-eligibili…
Why Aiyedatiwa went on appeal
The governor challenged the ruling of Justice Toyin Adegoke of the Federal High Court in Akure, who on November 24, 2025 granted Egbuwalo leave to amend his originating processes. Aiyedatiwa argued that the trial judge acted beyond her powers, wrongly assumed jurisdiction, and breached his constitutional right to fair hearing. 
Because of those objections, proceedings in the Akure court were halted after the matter moved to the Court of Appeal. The case was first lodged in Akure and later transferred to the Abuja Division of the appellate court. 
The appellate court, however, was not persuaded. It held that the trial court had the discretion to grant the amendment and that the governor failed to prove that such discretion was exercised wrongly or unjustly. That is why Aiyedatiwa loses bid to amend re-election eligibility suit became the outcome instead of a victory that might have derailed the lower-court case. 
The other application Aiyedatiwa also lost
The Court of Appeal also dismissed another application by the governor seeking to set aside its own earlier order of January 27, 2026, which had stayed further proceedings in the case before the Federal High Court. The appellate court said the stay did not amount to arresting the lower court’s judgment, but was a lawful exercise of appellate jurisdiction aimed at preserving the matter before it. 
The judges added that asking the court to set aside an order it validly made would effectively amount to inviting it to sit on appeal over its own decision. The court said the proper option open to the governor, if dissatisfied, was to go to the Supreme Court. 
That point deepens the significance of the ruling. Aiyedatiwa loses bid to amend re-election eligibility suit not only on the main appeal, but also on the related attempt to undo the appellate court’s earlier stay order. 
Costs, politics, and what happens next
Reports agree that the court awarded costs against Aiyedatiwa, although the exact combined figure varies across accounts. What is not in dispute is that the court penalised the governor financially for the failed appeal and related application. 
Politically, the ruling keeps the eligibility question alive at a sensitive time, even though Aiyedatiwa has publicly said he has not declared any interest in the 2028 governorship election. Legally, it means the substantive case remains alive in Akure, where the constitutional interpretation sought by Egbuwalo will eventually have to be addressed directly. 
That is why Aiyedatiwa loses bid to amend re-election eligibility suit matters beyond courtroom procedure. It preserves a potentially important test case on governorship tenure in Nigeria, especially in situations where a deputy governor completes part of a predecessor’s term and later wins election in his own right. 
For now, the clearest and most accurate takeaway is straightforward: Aiyedatiwa loses bid to amend re-election eligibility suit, the Court of Appeal has backed the trial judge’s decision to allow the amended suit, and the real fight over whether he can seek another term is still waiting in the lower court. 
https://punchng.com/aiyedatiwa-loses-bid-to-amend-re-election-eligibility-suit
