By Peace Udugba -The daily torch media
A Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is not eligible to contest the 2028 governorship election in the state.
Delivering judgment on Thursday, Justice Toyin Adegoke held that allowing the governor to seek another term would violate the constitutional limit of eight years in office for a governor as stipulated in the 1999 Constitution of Nigeria (as amended).
The court relied on the precedent established by the Supreme Court in the Marwa v. Nyako case, which clarified tenure limits for elected executives who complete the tenure of their predecessors.
According to the court, Aiyedatiwa first assumed office on December 27, 2023, following the death of former Ondo State governor Rotimi Akeredolu. He was later sworn in again on February 24, 2025, after winning the November 16, 2024 governorship election in the state.
Justice Adegoke ruled that the two oaths of office place constitutional limits on the total number of years the governor can remain in power, adding that he can only complete the current tenure and would not be eligible to seek another term in 2028.
The suit 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 Sections 137(3) and 182(3) of the 1999 Constitution concerning the tenure of a governor who completes the term of another.
Defendants in the suit included the Independent National Electoral Commission, the Attorney-General of the Federation, Governor Aiyedatiwa, the All Progressives Congress, and the Deputy Governor, Olayide Adelami.
The court noted that the third to fifth defendants failed to participate in the hearing, leading to their legal processes being deemed abandoned. Justice Adegoke subsequently upheld the plaintiff’s arguments 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.
