A Federal High Court sitting in Akure, Ondo State, has ruled that the state governor, Lucky Aiyedatiwa, is ineligible to contest the 2028 governorship election, declaring that doing so would violate the constitutional limit of eight years in office.
Delivering judgment on Thursday, Justice Adegoke held that allowing Aiyedatiwa to seek another term in 2028 would amount to exceeding the constitutionally permitted tenure for a 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 winning the November 16, 2024 governorship election in the state.
The court held 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, relying on the precedent established by the Supreme Court in Marwa v. Nyako.
Justice Adegoke also ruled that the suit was neither speculative nor academic, stressing that the court has the constitutional responsibility to interpret provisions of the law and ensure strict compliance.
The suit was instituted by an All Progressives Congress member, Dr. Akin Egbuwalo, through his counsel, Chief Adeniyi Akintola (SAN). The plaintiff sought judicial interpretation of Section 137(3) of the 1999 Constitution as it relates to Aiyedatiwa’s tenure.
The constitutional provision, along with Section 182(3), stipulates that a person who completes the tenure of another elected president or governor can only contest and serve one additional term.
Egbuwalo argued that since Aiyedatiwa had taken two oaths of office—first as successor to Akeredolu and later as an elected governor—the Constitution restricts him to only one additional term.
Those joined 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 All Progressives Congress, and the Deputy Governor, Dr. Olayide Adelami.
In her ruling, Justice Adegoke noted that the third to fifth defendants failed to participate in the hearing of the case, adding that their processes were therefore deemed abandoned.
She stated that permitting Aiyedatiwa to contest and possibly serve another four-year term would contradict the Supreme Court’s position in Marwa v. Nyako, which affirmed that no president or governor can remain in office beyond eight years.
Consequently, the court upheld the arguments of the plaintiff and granted all the reliefs sought in the suit.
