The Federal High Court in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa will not be eligible to contest for another term in the 2028 governorship election.
Justice Toyin Adegoke delivered the judgment on Thursday, March 12, in a suit that sought constitutional interpretation on the governor’s tenure.
The case was filed by Akin Egbuwalo, a chieftain of the All Progressives Congress in Ondo State, who asked the court to interpret Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to run again for office.
Listed as defendants in the suit were the Independent National Electoral Commission, the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, Deputy Governor Adelami, and the All Progressives Congress.
In her ruling, Justice Adegoke noted that Aiyedatiwa first assumed office on December 27, 2023, following the death of the then governor, Rotimi Akeredolu.
The court also observed that he was later inaugurated on February 24, 2025, after winning the governorship election held on November 16, 2024.
Also, the judge held that the Constitution does not allow an elected president, vice-president, governor or deputy governor to remain in office for more than eight years.
In reaching the decision, the court relied on the Supreme Court’s position in the case of Marwa v. Nyako.
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The appellate court further stated that the suit before it was neither speculative nor academic, explaining that it had the constitutional authority to interpret provisions of the law.
Justice Adegoke also ruled that the processes filed by the third to fifth defendants were considered abandoned because they did not participate in the hearing.
As a result, the court examined only the arguments presented by the plaintiff and the first and second defendants.
“If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa versus Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” the court ruled.
The judge added that the plaintiff’s case had merit and granted all the reliefs sought in the suit.
Earlier in the legal battle, the Court of Appeal sitting in Abuja had dismissed an appeal filed by Aiyedatiwa challenging an earlier decision of the Federal High Court in Akure.
In a unanimous decision delivered by a three-member panel, Justice Uchechukwu Onyemenam, who read the lead judgment, held that the trial court acted within its powers when it allowed the plaintiff to amend his originating summons.
The court ruled that Aiyedatiwa failed to show that the decision to permit the amendment caused any miscarriage of justice or denied him the right to a fair hearing.