The Federal High Court sitting in Akure, Ondo State, on Thursday ruled that Governor Lucky Aiyedatiwa of Ondo State cannot contest the 2028 governorship election, holding that doing so would violate the constitutional limit of eight years in office.
Delivering judgement, Justice Adegoke held that Aiyedatiwa, who first assumed office on 27 December 2023 following the death of former Governor Rotimi Akeredolu, and was later sworn in again on 24 February 2025 after winning the 16 November 2024 governorship election, cannot seek another term in 2028.
The court ruled that the 1999 Constitution (as amended) does not permit a president or governor to remain in office for more than eight years, relying on the Supreme Court’s decision in Marwa v. Nyako to support its position.
Justice Adegoke also held that the suit was neither speculative nor academic, stressing that the court has the inherent authority to interpret provisions of the Constitution and ensure strict compliance with them.
The case was filed by a member of the All Progressives Congress (APC), Dr Akin Egbuwalo, through his counsel, Chief Adeniyi Akintola (SAN), seeking interpretation of Section 137(3) of the 1999 Constitution as it relates to Aiyedatiwa’s tenure.
The section, along with Section 182(3), provides that a person sworn in to complete the term 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 he successor to the late Governor Akeredolu and later as an elected governor—the Constitution limits him to only one additional term.
Those listed as defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Dr. Olayide Adelami.
Justice Adegoke noted in her ruling that the third to fifth defendants failed to participate in the hearing of the case, and their processes were therefore deemed abandoned.
The court held that, “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.
She concluded that allowing Aiyedatiwa to contest again and potentially serve another four years would contradict the Supreme Court’s position that no president or governor can remain in office for more than eight years.
The court subsequently upheld the arguments of the plaintiff and granted all the reliefs sought in the suit.
