Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility
Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility, delivering a significant judicial decision that keeps alive a legal challenge questioning whether the Ondo State governor can seek another term in office after completing the current tenure.
The ruling was delivered by the Court of Appeal in Abuja, which dismissed the appeal filed by Ondo State Governor Lucky Aiyedatiwa against a Federal High Court decision allowing amendments to a suit challenging his eligibility to contest for another governorship term. The appellate court held that the appeal lacked merit and awarded ₦2 million in costs against the governor. 
The judgment therefore confirmed that the legal dispute over the governor’s eligibility remains active at the trial court. In practical terms, Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility, meaning the substantive case questioning the governor’s qualification to contest another election will continue before the Federal High Court in Akure.
Background to the legal battle
The controversy surrounding the governor’s eligibility stems from the unusual sequence of political events that brought him into office.
Lucky Aiyedatiwa initially became governor of Ondo State in December 2023 following the death of Governor Rotimi Akeredolu, whose tenure he completed after previously serving as deputy governor. 
He later contested the November 2024 Ondo State governorship election under the platform of the All Progressives Congress (APC) and won a fresh mandate from voters. 
However, a legal dispute emerged over whether the governor could still seek another term after completing the remainder of his predecessor’s tenure and subsequently winning election in his own right.
The lawsuit was filed by Dr. Akin Egbuwalo, an APC chieftain, who asked the court to interpret constitutional provisions regarding tenure and eligibility.
It is within this legal framework that Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility has become an important judicial development.
What the Court of Appeal decided
In the lead judgment delivered by Justice Uchechukwu Onyemenam, the appellate court ruled that the governor failed to prove that the Federal High Court judge acted wrongly in granting the amendment to the originating summons filed in the eligibility case.
The court held that the trial judge properly exercised judicial discretion and that Aiyedatiwa was not denied the right to a fair hearing.
Consequently, the appellate panel dismissed the appeal and ordered the governor to pay ₦2 million as cost to the respondent. 
The judges further ruled that an earlier order issued by the appellate court staying proceedings in the case was lawful and necessary to preserve the integrity of the appeal process.
The court stated that asking the appellate court to reverse its own earlier order would effectively mean inviting it to sit on appeal over its own decision.
For this reason, Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility, reinforcing the legal principle that appellate courts cannot review their own orders except through the appropriate judicial process.
https://ogelenews.ng/appeal-court-dismisses-aiyedatiwas-appeal
Earlier legal developments
Before the latest ruling, the eligibility dispute had already generated multiple legal twists.
Earlier in the year, the Court of Appeal had temporarily stayed proceedings in the Federal High Court case, effectively pausing the trial court from delivering judgment until the appellate court resolved the governor’s appeal. 
That temporary suspension raised expectations that the appellate court’s decision would determine whether the eligibility case could proceed.
With the dismissal of the appeal, the case now returns to the Federal High Court for further hearing.
This development explains why Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility does not automatically determine whether the governor can contest again. Instead, it clears the way for the substantive case to continue.
The constitutional debate
The case revolves around constitutional interpretation regarding the tenure of governors who assume office mid-term and later contest elections.
Nigeria’s Constitution contains provisions regulating how long an elected governor may serve and how tenure is calculated when a deputy governor assumes office following the death or resignation of a sitting governor.
Legal analysts note that similar disputes have appeared in several states where deputy governors completed part of their predecessors’ mandates and later sought election in their own right.
The central question in the Ondo case is whether Aiyedatiwa’s period in office—first completing Akeredolu’s tenure and then serving his own mandate—affects his eligibility to run for another term.
That is why Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility is an important judicial step but not the final word on the issue.
Political implications
The legal dispute also carries political significance for Ondo State.
If the court ultimately rules that Aiyedatiwa is eligible for another term, it could strengthen his political position within the ruling APC ahead of future elections.
But if the courts interpret the Constitution differently, it could limit his ability to seek another term after the current mandate.
For now, the Court of Appeal’s ruling has not settled that constitutional debate. Instead, it has ensured that the legal challenge proceeds.
This explains why Appeal Court dismisses Aiyedatiwa’s appeal on re-election eligibility is viewed as a procedural victory for the plaintiff seeking judicial clarification.
Next legal steps
Following the appellate court’s decision, two possible legal paths remain.
First, the governor could challenge the ruling at the Supreme Court, Nigeria’s highest judicial authority.
Second, the substantive eligibility case will continue before the Federal High Court in Akure, where the constitutional issues raised in the lawsuit will be fully examined.
Until those proceedings are concluded, the question of whether the Ondo governor can contest another term remains legally unresolved.
https://punchng.com/appeal-court-dismisses-aiyedatiwas-appeal-on-re-election-eligibility
