A Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is ineligible to contest the 2028 governorship election, holding that doing so would violate the constitutional limit of eight years in office.
Delivering judgment on Thursday, Justice Adegoke held that Aiyedatiwa, who first assumed office on December 27, 2023, following the death of former governor Rotimi Akeredolu, and was later sworn in again on February 24, 2025 after winning the November 16, 2024 governorship election, cannot seek another term in 2028.
The court ruled that the Constitution of the Federal Republic of Nigeria 1999 (as amended) does not allow a president or governor to remain in office for more than eight years.
Justice Adegoke relied on the Supreme Court decision in Marwa v. Nyako, which affirmed that no governor or president can extend their tenure beyond the constitutional limit.
According to the judge, the suit was neither speculative nor academic, stressing that the court has the inherent authority to interpret the Constitution and ensure compliance with its provisions.
The case was instituted by an All Progressives Congress (APC) member, Dr. Akin Egbuwalo, through his counsel, Adeniyi Akintola (SAN), who sought judicial interpretation of Section 137(3) of the Constitution as it relates to Aiyedatiwa’s tenure.
The section, alongside Section 182(3), provides that any person sworn in to complete the tenure of another elected official can only contest and serve one additional term.
Egbuwalo argued that since Aiyedatiwa had taken two oaths of office—first as successor to the late Akeredolu and later as an elected governor—the Constitution restricts him to only one additional term in office.
Defendants in the suit included the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Olayide Adelami.
In her ruling, Justice Adegoke noted that the third to fifth defendants failed to participate in the hearing, and their legal processes were therefore deemed abandoned.
The judge stated: “If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa v. Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years.”
Consequently, the court considered only the submissions of the plaintiff and the first and second defendants before upholding the arguments of the plaintiff and granting all the reliefs sought in the suit.
The judgment effectively bars Aiyedatiwa from seeking another term in the 2028 governorship election in Ondo State.
