A Federal High Court in Akure has ruled that Ondo State Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election, stating that doing so would violate the constitutional limit on the number of years a governor can remain in office. Justice Adegoke delivered the judgement on Thursday, explaining that allowing Aiyedatiwa to seek another term would extend his stay in office beyond the eight years permitted under the 1999 Constitution. Aiyedatiwa first assumed office on December 27, 2023, after the death of Governor Oluwarotimi Akeredolu, completing the remainder of the late governor’s tenure. He later secured his own mandate after winning the Ondo governorship election held on November 16, 2024, and was sworn in again on February 24, 2025. The court held that his earlier oath of office as successor to Akeredolu and the second oath after his election mean he cannot legally pursue another four-year term in 2028. Justice Adegoke relied on the Supreme Court’s ruling in the case of Marwa v. Nyako, which established that elected leaders such as presidents and governors cannot stay in office beyond eight years. The judge also dismissed arguments suggesting the case was speculative, noting that the court has the authority to interpret the Constitution and clarify any questions regarding its provisions. The suit was brought before the court by Dr Akin Egbuwalo, a member of the All Progressives Congress (APC), through his lawyer, Chief Adeniyi Akintola, SAN. He asked the court to interpret Section 137(3) of the 1999 Constitution as it relates to Aiyedatiwa’s eligibility. That provision, alongside Section 182(3), states that a person who assumes office to complete the term of another elected official may only contest the same office for one additional term. Egbuwalo argued that because Aiyedatiwa had already been sworn in once to finish Akeredolu’s tenure and again as a duly elected governor, he is constitutionally barred from contesting another election for the position in 2028. 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, were listed as defendants in the case. Justice Adegoke had earlier scheduled January 28 to deliver judgement on the matter, but proceedings were delayed after the defendants halted the process pending a decision from the Court of Appeal in Abuja. In her ruling, the judge stated that the legal processes filed by the third to fifth defendants were treated as abandoned because they failed to participate during the hearing. As a result, the court only considered submissions from the plaintiff and the first and second defendants. The court concluded that allowing Aiyedatiwa to contest another term would contradict the Supreme Court’s position that no governor can remain in office for more than eight years. The judge therefore upheld the arguments presented by the plaintiff and granted all the reliefs requested. Earlier, on March 9, 2026, the Court of Appeal in Abuja dismissed an appeal filed by Aiyedatiwa challenging the High Court’s earlier decision permitting an amendment to the suit.
