A federal high court in Akure, the capital of Ondo, has barred Lucky Aiyedatiwa, governor of the state, from seeking another term in office in 2028.
Toyin Adegoke, the presiding judge, on Thursday, ruled that allowing the governor to contest again would violate the constitutional limit on the tenure of the elected president, vice-president, governor, and deputy governor.
The Suit
The suit was initiated by Akin Egbuwalo, a member of the All Progressives Congress (APC).
Egbuwalo, through his lawyer, Adeniyi Akintola, asked the court to interpret section 137 (3) of the 1999 Constitution as it relates to Aiyedatiwa’s qualification to seek re-election in 2028.
Defendants in the suit are the Independent National Electoral Commission (INEC); the attorney-general of the federation; Aiyedatiwa; the APC; and Olayide Adelami, the Ondo state deputy governor.
The Judgment
The judge held that the constitution of the Federal Republic of Nigeria does not permit an elected president, vice-president, governor, or deputy governor to remain in office for more than eight years.
Adegoke ruled that the processes filed by the third to fifth defendants were deemed abandoned because they failed to participate in the hearing of the suit.
She said only the submissions of the plaintiff and the first and second defendants were considered.
The judge dismissed the objection raised by the first defendant, adding that the suit was neither speculative nor academic.
“If the third defendant (Aiyedatiwa) is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa v. Nyako, where the supreme court held that a president or governor cannot serve beyond eight years,” the judge ruled.
“This court finds that the action filed by the plaintiff discloses a valid cause of action and cannot be dismissed as speculative or academic.
“Whenever a court is invited to interpret any provision of the constitution, the court has the inherent jurisdiction to hear and determine such a matter because the court itself is a creation of law and must uphold the constitution at all times.”
Background
On February 24, 2021, Aiyedatiwa was sworn in as deputy governor of Ondo alongside the late Rotimi Akeredolu.
Akeredolu had been elected to serve a second term in office with Aiyedatiwa as his running mate.
However, Akeredolu died in office on December 27, 2023, barely one year and two months before the end of his tenure.
Aiyedatiwa was subsequently sworn in as governor to complete Akeredolu’s tenure.
On February 24, 2025, Aiyedatiwa was sworn in for a fresh term as governor after winning the November 2024 governorship election.
But section 182(3) of the 1999 Constitution states that “a person who was sworn in as governor to complete the term for which another person was elected as governor shall not be elected to such office for more than a single term.”
