No The Court of Appeal sitting in Abuja has dismissed an appeal filed by the Governor of Ondo State, Lucky Aiyedatiwa, challenging a ruling of the Federal High Court in Akure in a suit questioning his eligibility to contest the next governorship election in the state.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the trial court acted within the bounds of the law when it granted an application by the plaintiff, Akindele Egbuwalo, to amend his originating summons in the case.
The court ruled that the lower court properly exercised its discretion and that there was no reason to interfere with the decision.
“The trial court acted within its discretionary powers in granting the amendment sought by the plaintiff. There is no basis for this court to disturb that decision,” the appellate court held.
Egbuwalo, a chieftain of the All Progressives Congress (APC) in Ondo State, had approached the Federal High Court seeking the interpretation of Section 137(3) of the Constitution of the Federal Republic of Nigeria in relation to the eligibility of Governor Aiyedatiwa and his deputy, Olayide Adelami, to contest for another term in office.
The plaintiff is asking the court to determine whether the period already spent in office by the governor and his deputy counts toward the constitutional limit of tenure and whether they are therefore qualified to seek re-election in the forthcoming governorship poll.
In an earlier ruling delivered on November 24, 2025, Justice Toyin Adegoke of the Federal High Court in Akure granted the plaintiff’s request to amend the originating processes in the suit to properly reflect the issues raised in the case.
Dissatisfied with the decision, Governor Aiyedatiwa filed an appeal before the Court of Appeal, arguing that the trial court erred by allowing the amendment.
However, the appellate court dismissed the appeal and affirmed the ruling of the Federal High Court.
“Amendments to court processes are allowed where they assist the court in effectively determining the issues in dispute. The amendment granted by the trial court does not introduce a new cause of action,” the court stated.
With the dismissal of the appeal, the Federal High Court in Akure is expected to proceed with hearing the substantive suit filed by Egbuwalo.
Legal observers say the case could have significant implications for the political landscape in Ondo State ahead of the next governorship election, as it seeks judicial clarification on constitutional provisions relating to tenure and eligibility for public office.
As of the time of filing this report, neither Governor Aiyedatiwa nor his legal team had publicly reacted to the appellate court’s decision.