BREAKING: Court Bars Ondo Governor Aiyedatiwa from Contesting Again in 2028

A Federal High Court sitting in Akure has ruled that Lucky Aiyedatiwa will not be eligible to contest for another governorship term in 2028.

The judgment was delivered on Thursday, raising fresh legal debate over tenure limits for elected officials in Nigeria.

The case was filed by Akin Egbuwalo, a member of the All Progressives Congress. He asked the court to interpret Section 137(3) of the 1999 Constitution concerning the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek another term in office.

Other parties listed in the suit included the Independent National Electoral Commission and the Federal Ministry of Justice of Nigeria. The governor, his deputy and the ruling party were also joined as defendants.

Delivering judgment, Justice Toyin Adegoke held that the Constitution clearly limits a president or governor to a maximum of eight years in office. The judge noted that Aiyedatiwa had already taken over office on December 27, 2023, following the death of former governor Rotimi Akeredolu.

Aiyedatiwa later won the governorship election conducted on November 16, 2024 and was inaugurated on February 24, 2025. According to the court, allowing him to contest again in 2028 would extend his time in office beyond the constitutional limit.

The judge relied heavily on the Supreme Court decision in Marwa v. Nyako, which interpreted the constitutional limit for governors and presidents. The ruling emphasised that no elected leader is permitted to remain in office for more than eight years.

During the proceedings, the court also addressed arguments on whether the case was premature. Justice Adegoke ruled that the matter was neither speculative nor academic, noting that courts have the responsibility to interpret constitutional provisions when questions arise.

The court further observed that legal processes filed by the third to fifth defendants were treated as abandoned because they did not actively participate during the hearing.

As a result, the judge considered mainly the arguments presented by the plaintiff as well as those submitted by the first and second defendants.

In the ruling, the court stated: “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 judge concluded that the plaintiff’s claims had merit and therefore granted all the reliefs sought in the suit.

Earlier in the legal battle, the Court of Appeal of Nigeria sitting in Abuja had dismissed an appeal filed by Aiyedatiwa. The governor had challenged an earlier decision of the Akure division of the Federal High Court related to the same case.

In a unanimous decision, the three-member panel led by Justice Uchechukwu Onyemenam ruled that the trial court acted within the law when it allowed the plaintiff to amend his originating summons.

The appellate court also held that Aiyedatiwa failed to show that the amendment caused any miscarriage of justice or violated his right to fair hearing.