A Federal High Court in Akure, the capital of Ondo State, ruled Thursday that Gov. Lucky Aiyedatiwa would be ineligible to contest for another term in 2028.
The ruling followed a suit filed by Akin Egbuwalo, a member of the All Progressives Congress, who asked the court to interpret Section 137(3) of Nigeria’s constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek another term.
The defendants in the case included the Independent National Electoral Commission, the Ondo State attorney general, the attorney general of the federation and minister of justice, Aiyedatiwa, Adelami and the APC.
In a judgment delivered by Justice Toyin Adegoke, the court held that Aiyedatiwa would not be eligible to run in 2028 because he had already been sworn in to complete the tenure of the late Gov. Rotimi Akeredolu on Dec. 27, 2023, before later winning the Nov. 16, 2024 governorship election and being sworn in again on Feb. 24, 2025.
The judge said the 1999 Constitution of Nigeria does not allow a president, vice president, governor or deputy governor to serve more than eight years in office.
Adegoke cited the decision of Nigeria’s Supreme Court in Marwa v. Nyako, which established that elected executives cannot remain in office beyond the constitutionally permitted two terms.
The court also ruled that the case was not speculative or academic and that it had the authority to interpret provisions of the constitution.
Adegoke said the legal filings of some defendants, including Aiyedatiwa and Adelami, were considered abandoned after they failed to participate in the hearing, leaving the court to consider only the arguments of the plaintiff and the first and second defendants.
“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 judge said.
The court said it found merit in the plaintiff’s arguments and granted all the reliefs sought.
Earlier, on March 9, the Court of Appeal in Abuja dismissed an appeal filed by Aiyedatiwa challenging an earlier ruling of the Federal High Court in Akure related to the same case.
In a unanimous decision delivered by a three-member panel, Justice Uchechukwu Onyemenam said the trial court acted properly when it allowed the plaintiff to amend his originating summons.
The appellate court ruled that Aiyedatiwa failed to show that the amendment caused a miscarriage of justice or denied him a fair hearing.
Aiyedatiwa first became governor on Dec. 27, 2023, after Akeredolu died in office. He was sworn in again on Feb. 24, 2025, after winning the state’s governorship election.
In a previous interview marking his first anniversary in office, Aiyedatiwa said only the Supreme Court could stop him from contesting the 2028 election.
Following Thursday’s ruling, the governor is expected to consider filing an appeal.
