A Federal High Court sitting in Akure, Ondo State, has ruled that Lucky Aiyedatiwa is not eligible to contest the 2028 governorship election, holding that such a move 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 Ondo State 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 permit 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 a member of the All Progressives Congress (APC), 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, Aiyedatiwa, the APC, and the Deputy Governor of Ondo State, 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 that allowing Aiyedatiwa to contest and serve another four years would be contrary to the Supreme Court’s position in Marwa v. Nyako, which held that a president or governor cannot serve beyond eight years in office.
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.
