A federal High Court sitting in Akure, Ondo State, yesterday, ruled that Governor Lucky Aiyedatiwa would be ineligible to contest for another term in office in 2028.
The court said that allowing him to seek another term would violate the constitutional limit on tenure of eight years.
In a judgment delivered by Justice Toyin Adegoke, the court held that Aiyedatiwa, who was sworn in on December 27, 2023, to complete the tenure of the late Governor Oluwarotimi Akeredolu and subsequently inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election, would be ineligible to stand for election again in 2028.
Justice Adegoke declared that the 1999 Constitution, as amended, did not provide for a situation where an elected president, vice president, governor, and deputy would spend more than eight years in office, citing the Supreme Court’s decision in Marwa v Nyako.
The court ruled that the suit is not speculative or academic, emphasising that it has inherent jurisdiction to interpret any section of the Constitution, being a creation of law and duty-bound to uphold it at all times.
It would be recalled that a member of the All Progressives Congress (APC), Dr Akin Egbuwalo, had, through his counsel, Adeniyi Akintola (SAN), approached the court seeking the interpretation of Section 137 (3) of the 1999 Constitution (as amended) regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to contest for another term.
The plaintiff contended that Aiyedatiwa’s two oaths of office, first as successor to the late Akeredolu, and second as an elected governor, constitutionally limit his ability to run for another term in 2028.
The suit, filed by Egbuwalo, has the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and the Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Dr Olayide Adelami, as defendants.
The judge had initially fixed January 28 to decide whether Aiyedatiwa is qualified to re-contest, having been sworn in twice as governor of the state. The defendants, however, arrested the judgment until the Court of Appeal, sitting in Abuja, gave leeway for the delivery of the judgment.
In her verdict, Justice Adegoke held that the processes of the third to fifth defendants were deemed abandoned for failing to participate in the hearing of the suit, and that they are the only processes of the plaintiff and the first and second defendants that would be considered.
The court held that “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 found merit in the plaintiff’s case and granted all the reliefs sought.
Also, it would be recalled that the Court of Appeal in Abuja, on March 9, 2026, had dismissed the appeal filed by Aiyedatiwa challenging the high court’s decision to allow the amendment of the suit.
In a unanimous judgment delivered by the appellate court’s three-member panel, it was held that the appeal lacked merit, ruling that Aiyedatiwa failed to establish that the Federal High Court denied him a fair hearing or exercised its discretion based on any wrong legal principle.
It awarded N2 million against the governor.
