A constitutional lawyer and human rights activist, Barr. Lade Ebiwanno, has clarified that the Court of Appeal judgement involving Ondo State Governor, Lucky Aiyedatiwa, did not determine his eligibility to contest the 2028 governorship election, but only dismissed an interlocutory appeal filed during the course of the case.
Ebiwanno explained that the substantive suit challenging the governor’s eligibility is still pending before the Federal High Court and has not been decided by any court of competent jurisdiction.
Reacting to reports on the judgement, the legal practitioner said there was need to distinguish between an interlocutory ruling and final judgement in order to avoid misleading interpretations.
“There is a clear distinction between interlocutory judgement and final judgement. The substantive suit challenging the eligibility of Governor Aiyedatiwa to contest for another term is still pending at the Federal High Court and yet to be determined,” he said.
He noted that the Court of Appeal only dismissed the governor’s appeal against the decision of the Federal High Court which allowed the claimant to amend the originating processes in the suit.
“There is no final judgement of any court of competent jurisdiction depriving Governor Lucky Orimisan Aiyedatiwa the right to seek re-election. What transpired in court was a dismissal of the governor’s interlocutory appeal challenging the grant of motion for amendment filed by the claimant at the lower court,” Ebiwanno added.
The Court of Appeal sitting in Abuja had earlier dismissed the appeal filed by Governor Aiyedatiwa against the November 24, 2025 ruling of the Federal High Court in Akure, which granted leave for amendment of the suit seeking interpretation of constitutional provisions on tenure.
The suit, filed by an All Progressives Congress (APC) chieftain, is asking the court to determine whether the governor, who was sworn in to complete the tenure of the departed Governor Oluwarotimi Akeredolu and later elected, can validly contest another term in 2028.
With the dismissal of the appeal, the case is expected to continue at the Federal High Court where the substantive issues regarding the governor’s eligibility are yet to be decided.
