A Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election, declaring that doing so would breach the constitutional limit of eight years in office for elected executives.
Delivering judgement on Thursday, Justice Adegoke held that Aiyedatiwa’s tenure, when calculated from the period he assumed office following the death of former Governor Oluwarotimi Akeredolu, would exceed the constitutionally permitted duration if he were allowed to seek another term.
Aiyedatiwa was sworn in as governor on December 27, 2023, after the death of Akeredolu. He later secured victory in the November 16, 2024 governorship election and was inaugurated on February 24, 2025, for a fresh four-year mandate.
However, the court ruled that allowing him to contest again in 2028 would violate the provisions of the 1999 Constitution (as amended), which limit the tenure of a president or governor to a maximum of eight years in office.
Justice Adegoke relied on the Supreme Court’s decision in Marwa v. Nyako, which affirmed that no president or governor can occupy the office for more than eight years under any circumstances.
The judge also rejected arguments suggesting the suit was speculative or premature, stating that the court possesses inherent jurisdiction to interpret constitutional provisions whenever such clarification becomes necessary.
“The court is a creation of law and is duty-bound to interpret the Constitution whenever called upon,” the judge ruled.
The suit was instituted by a member of the All Progressives Congress (APC), Akin Egbuwalo, through his counsel, Adeniyi Akintola, SAN.
The plaintiff asked the court to interpret Section 137(3) of the Constitution as it applies to Aiyedatiwa.
Section 137(3), alongside Section 182(3), provides that any person sworn in to complete the tenure of another elected official may only contest the same office for one additional term.
Egbuwalo argued that Aiyedatiwa had already taken two oaths of office as governor, first as a successor to the late Akeredolu and later as an elected governor, thereby constitutionally limiting him to the current term ending in 2029.
Defendants in the suit included the Independent National Electoral Commission (INEC), the Attorney General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor of Ondo State, Olayide Adelami.
Justice Adegoke noted in the judgement that the processes filed by the third to fifth defendants were deemed abandoned after they failed to actively participate during the hearing of the case.
Consequently, the court considered only the submissions of the plaintiff and the first and second defendants.
The judge concluded that the plaintiff’s case had merit and granted all the reliefs sought.
“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 stated.
Earlier in the proceedings, Justice Adegoke had scheduled January 28 to determine whether Aiyedatiwa could lawfully contest another term after being sworn in twice as governor.
However, the delivery of the judgement was temporarily halted after the defendants filed an appeal.
The Court of Appeal sitting in Abuja later cleared the way for the ruling to be delivered.
On March 9, 2026, the appellate court dismissed Aiyedatiwa’s appeal challenging the High Court’s decision to allow amendments to the suit, paving the way for the final judgement.
The ruling now places a constitutional limit on Aiyedatiwa’s political future in Ondo State, effectively barring him from participating in the 2028 governorship race.
