A Federal High Court of Nigeria sitting in Akure has ruled that the Governor of Ondo State, Lucky Aiyedatiwa, cannot contest the 2028 governorship election, stating that doing so would violate the constitutional limit of eight years in office.
Delivering the judgment on Thursday, Justice Adegoke held that Aiyedatiwa’s tenure calculation makes him ineligible to seek another term after the current one.
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According to the court, the 1999 Constitution (as amended) clearly stipulates that a president or governor cannot remain in office for more than eight years.
The judge relied on the Supreme Court’s precedent in Marwa v. Nyako, which clarified tenure limits for elected executives who complete the term of their predecessors.
Justice Adegoke stated that allowing Aiyedatiwa to contest again would contradict the position of the apex court.
“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,” the court held.
Aiyedatiwa first assumed office on December 27, 2023, following the death of former Ondo governor Rotimi Akeredolu.
He was later sworn in again on February 24, 2025, after winning the November 16, 2024 governorship election in the state.
The court ruled that these two oaths of office place constitutional limits on the total period he can remain in power.
The case was filed by Dr Akin Egbuwalo, a member of the All Progressives Congress, through his counsel Chief Adeniyi Akintola (SAN).
The plaintiff asked the court to interpret Section 137(3) and Section 182(3) of the 1999 Constitution concerning the tenure of a governor who completes the term of another.
According to Egbuwalo, since Aiyedatiwa had taken two oaths of office – first as successor to the late governor and later as an elected governor – he can only serve one additional term.
The defendants listed in the suit included: Independent National Electoral Commission, The Attorney-General of the Federation, Governor Lucky Aiyedatiwa, The All Progressives Congress, Deputy Governor Dr Olayide Adelami.
Justice Adegoke noted that the third to fifth defendants failed to participate in the hearing, and their legal processes were therefore deemed abandoned.
Consequently, the court considered only the arguments presented by the plaintiff and the first two defendants.
In the final ruling, the court upheld the plaintiff’s submissions and granted all the reliefs sought in the suit.
The judgment means Aiyedatiwa would not be eligible to contest the Ondo governorship election in 2028 if the decision stands.