A Federal High Court sitting in Akure, the capital of Ondo State, has ruled that Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election, stating that doing so would violate the constitutional limit of eight years in office.
Newsonspot reports that delivering judgment on Thursday, March 12, Justice Toyin Adegoke held that allowing Aiyedatiwa to run again in 2028 would exceed the maximum tenure permitted under the 1999 Constitution (as amended). The court relied on the Supreme Court’s decision in the case of Marwa v. Nyako, which established that a president or governor cannot remain in office beyond eight years.
Governor Aiyedatiwa first assumed office on December 27, 2023, following the death of former Governor Rotimi Akeredolu. He was later sworn in again on February 24, 2025, after emerging victorious in the November 16, 2024 governorship election in the state.
The lawsuit was filed by Dr. Akin Egbuwalo, a chieftain of the All Progressives Congress (APC), through his lawyer, Adeniyi Akintola (SAN). The plaintiff asked the court to interpret Section 137(3) of the Constitution concerning the eligibility of Aiyedatiwa and his deputy, Dr. Olayide Adelami, to seek another term in office.
Several parties were listed as defendants in the suit, including the Independent National Electoral Commission (INEC), the Ondo State Attorney General, the Attorney General of the Federation and Minister of Justice, Governor Aiyedatiwa, his deputy Adelami, and the APC.
In its ruling, the court held that Aiyedatiwa’s initial swearing-in in December 2023 to complete Akeredolu’s tenure counts toward the constitutional eight-year limit. Justice Adegoke emphasized that the Constitution does not allow an elected president, vice president, governor, or deputy governor to stay in office beyond the prescribed eight years.
“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 judge stated.
The court also noted that the suit was neither speculative nor academic, stressing that it had the jurisdiction to interpret constitutional provisions. It further declared that certain defendants who failed to participate in the proceedings had effectively abandoned their processes.
Meanwhile, the Court of Appeal in Abuja had earlier dismissed an appeal filed by Aiyedatiwa challenging a previous ruling of the Akure Federal High Court in the same case. In its decision delivered by Justice Uchechukwu Onyemenam, the appellate court held that the lower court acted properly when it allowed the plaintiff to amend his originating summons.
Reacting to the ruling during an interview on Channels Television, Governor Aiyedatiwa said he did not anticipate the judgment. He explained that his focus remains on governance rather than the 2028 election.
According to him, he would only consider contesting again if the people of Ondo State support him and the Constitution permits it. However, he had earlier maintained that only the Supreme Court could ultimately stop him from seeking another term.
Following the Federal High Court’s decision, the governor may consider appealing the ruling at a higher court.
