A Federal High Court sitting in Akure, Ondo State, has ruled that Lucky Aiyedatiwa cannot contest the 2028 governorship election in the state, declaring that allowing him to seek another term would violate the constitutional limit of eight years in office.
The judgment was delivered by Justice Toyin Bolaji Adegoke, who held that the 1999 Constitution as amended does not allow an elected President Vice President Governor or Deputy Governor to remain in office for more than eight years.
Aiyedatiwa was first sworn in as governor on December 27 2024 following the death of former governor Rotimi Akeredolu. He later took the oath of office again on February 24 2025 after winning the November 16 2024 governorship election in Ondo State.
The court ruled that if Aiyedatiwa were allowed to contest the 2028 election and serve another four year term it would exceed the constitutional limit allowed for governors.
The case was filed by Dr Akin Egbuwalo a member of the All Progressives Congress who challenged the governor’s eligibility to seek another term. Through his lawyer Chief Adeniyi Akintola the plaintiff asked the court to interpret Section 137 subsection 3 of the Constitution regarding the tenure of elected public officials.
Several parties were listed as defendants in the suit including the Independent National Electoral Commission the Attorney General of the Federation Governor Aiyedatiwa the APC and the deputy governor Dr Olayide Adelami.
Justice Adegoke noted that the objection raised by some of the defendants claiming that the suit was speculative or academic was not valid. According to the court the case presented a legitimate constitutional question that required interpretation.
The judge also referenced the Supreme Court decision in the case of Marwa v Nyako which elished that no President or Governor can remain in office beyond eight years.
The court further stated that whenever a court is invited to interpret provisions of the Constitution it has the responsibility to do so in order to uphold the rule of law.
In the final ruling the judge declared that the plaintiff’s case had merit and granted all the reliefs sought, effectively preventing Aiyedatiwa from contesting the 2028 governorship election in Ondo State.
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