- A Federal High Court in Akure ruled that Ondo Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election
- The court said allowing Aiyedatiwa another term would exceed the eight-year constitutional limit.
- Aiyedatiwa had earlier taken office in December 2023 after the death of former governor Rotimi Akeredolu
A Federal High Court sitting in Akure, Ondo State, has ruled that Ondo State Governor, Lucky Aiyedatiwa, will not be eligible to contest for another term in 2028.
The suit was filed by an All Progressives Congress chieftain, Akin Egbuwalo, who asked the court to interpret Section 137(3) of the Constitution in relation to the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek another term in office.
Other defendants in the case included the Independent National Electoral Commission, the Attorney-General of the Federation and Minister of Justice, Aiyedatiwa, Adelami and the All Progressives Congress.
Delivering judgment on Thursday, March 12, Justice Toyin Adegoke held that Aiyedatiwa would be ineligible to contest the 2028 governorship election because he had already assumed office earlier to complete the tenure of the late governor, Rotimi Akeredolu.
Aiyedatiwa was sworn in on December 27, 2023, following Akeredolu’s death and later inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election.
According to the court, the provisions of the 1999 Constitution (as amended) prevent an elected president, vice-president, governor or deputy governor from remaining in office for more than eight years.
In reaching the decision, the court relied on the Supreme Court’s ruling in Marwa v. Nyako, which clarified constitutional limits on tenure.
The judge also ruled that the suit was not speculative or academic, emphasising that the court has the authority to interpret any provision of the Constitution.
Justice Adegoke further stated that the processes filed by the third to fifth defendants were treated as abandoned because they did not participate in the hearing.
As a result, the court considered only the arguments presented by the plaintiff and the first and second defendants.
“If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa versus Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” the court ruled.
The judge added that the plaintiff’s claims had merit and therefore granted all the reliefs sought.
Earlier, the Court of Appeal sitting in Abuja had dismissed an appeal filed by Aiyedatiwa challenging a previous decision of the Federal High Court in Akure on the same matter.
In a unanimous judgment delivered by a three-member panel, Justice Uchechukwu Onyemenam, who read the lead judgment, held that the trial court acted within its discretion when it granted the plaintiff’s request to amend his originating summons.
The appellate court ruled that Aiyedatiwa failed to prove that the amendment caused any miscarriage of justice or denied him the right to a fair hearing.