The Court of Appeal in Abuja has dismissed an appeal by Lucky Aiyedatiwa challenging a Federal High Court ruling that allowed an amendment to a suit questioning his eligibility for the 2028 governorship election.

In a unanimous judgment on Monday, a three-member panel ruled that the appeal lacked merit and awarded N2 million in costs against the governor.

Uchechukwu Onyemenam, who read the lead judgment, held that Aiyedatiwa failed to show that the trial court in Akure denied him fair hearing or applied a wrong legal principle when permitting the amendment.

The appellate court affirmed the November 24, 2025, ruling by Toyin Adegoke, which allowed the plaintiff, Akindele Egbuwalo, to amend the suit.

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Egbuwalo had approached the court in July 2025 seeking clarification on whether Aiyedatiwa, having taken the oath of office twice, is eligible to contest the 2028 election.

Aiyedatiwa first assumed office on December 27, 2024, following the death of former Governor Oluwarotimi Akeredolu, and was re-inaugurated on February 24, 2025, after winning the governorship election.

The suit seeks interpretation of sections 137(3) and 182(3) of the 1999 Constitution (as amended), which limits a person sworn in to complete another governor's tenure to one additional elected term.

Defendants, including the Independent National Electoral Commission, the Attorney-General of the Federation, Aiyedatiwa, the All Progressives Congress, and Deputy Governor Olayide Adelami, had argued the suit was premature since the election timetable had not been released and Aiyedatiwa had not declared an intention to run.

Dissatisfied, the governor appealed, claiming a breach of his right to fair hearing. The appellate court, in case CA/ABJ/319/2025, has now dismissed the appeal.