Court rules Aiyedatiwa cannot contest the 2028 Ondo governorship election...

The Federal High Court sitting in Akure, 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.

Delivering judgment on Thursday, Justice Adegoke held that Aiyedatiwa, who first assumed office on December 27, 2023, following the death of former governor Rotimi Akeredolu, and was later sworn in again on February 24, 2025, after winning the November 16, 2024 governorship election, cannot seek another term in 2028.

CBI News reports that the court ruled that the 1999 Constitution of Nigeria (as amended) does not permit a president or governor to remain in office for more than eight years.

In reaching its decision, the court relied on the Supreme Court’s judgment in Marwa v. Nyako.

Justice Adegoke stated that the suit was neither speculative nor academic, stressing that the court has the inherent authority to interpret constitutional provisions and ensure strict compliance with them.

The case was filed by a member of the All Progressives Congress, Akin Egbuwalo, through his counsel, Adeniyi Akintola (SAN).

The plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution as it relates to Aiyedatiwa’s tenure.

According to the suit, Section 137(3), alongside Section 182(3), provides that a person sworn in to complete the term of another elected official can only contest and serve one additional term.

Egbuwalo argued that since Aiyedatiwa had taken two oaths of office first as successor to the late Governor Akeredolu and later as an elected governor the Constitution limits him to only one further term.

Those listed 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, Olayide Adelami.

In her ruling, Justice Adegoke noted that the third to fifth defendants failed to participate in the hearing, and their legal processes were therefore deemed abandoned.

The judge 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.”

Consequently, the court considered only the submissions of the plaintiff as well as the first and second defendants before delivering its decision.

Justice Adegoke said allowing Aiyedatiwa to contest again and potentially serve another four years would contradict the Supreme Court’s position that no president or governor can remain in office for more than eight years.