AKURE, NIGERIA – A Federal High Court sitting in Akure has ruled that Lucky Aiyedatiwa, the current Governor of Ondo State, is ineligible to contest the 2028 governorship election. The judgment, delivered on Thursday, addressed the governor’s eligibility to seek another term after concluding the tenure of the late former governor, Rotimi Akeredolu.
The lawsuit was initiated by Akin Egbuwalo, a chieftain of the All Progressives Congress (APC), who sought the court’s interpretation of Section 137(3) of the 1999 Constitution of Nigeria concerning the governor’s qualification for an additional term. The Independent National Electoral Commission, the Attorney General of Ondo State, the Attorney General of the Federation, Governor Aiyedatiwa, his deputy Olayide Adelami, and the All Progressives Congress were named as defendants in the suit.
Justice Toyin Adegoke, delivering the ruling, stated that Aiyedatiwa would not be eligible to participate in another governorship election in 2028. The court noted that the governor was initially sworn into office on December 27, 2023, to complete Akeredolu’s term following his demise. Aiyedatiwa was subsequently inaugurated again on February 24, 2025, after winning the November 16, 2024 governorship election in the state.
According to the court, the 1999 Constitution of Nigeria stipulates that neither a president, vice president, governor, nor deputy governor can remain in office beyond eight years. Justice Adegoke’s decision was underpinned by the precedent set by the Supreme Court of Nigeria in the case of Marwa v. Nyako.
The judge affirmed the suit as neither speculative nor academic, asserting the court’s authority to interpret constitutional provisions when necessary. She also observed that some defendants failed to participate in the hearing, leading their legal processes to be deemed abandoned. Consequently, only the submissions of the plaintiff and the first two defendants were considered in the final judgment. The court concluded that allowing the governor to contest again would contravene the Supreme Court’s stance that no governor can serve beyond eight years, thereby granting all reliefs sought by the plaintiff.
Earlier in the proceedings, the Court of Appeal sitting in Abuja had dismissed an appeal filed by Aiyedatiwa challenging a prior ruling by the Akure Federal High Court. In a unanimous decision, Justice Uchechukwu Onyemenam of the appellate court affirmed that the trial court acted appropriately in allowing the plaintiff to amend his originating summons. The panel determined that the governor failed to demonstrate that the amendment caused any miscarriage of justice or infringed upon his right to a fair hearing.
Legal observers anticipate that Governor Aiyedatiwa, who previously maintained that only the Supreme Court could prevent him from contesting in 2028, may challenge this latest ruling at the apex court.
