A Federal High Court in Akure, the Ondo State capital, has ruled that Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election.
The case was filed by an All Progressives Congress (APC) chieftain, Dr Akin Egbuwalo, who asked the court to interpret Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Dr Olayide Adelami, to seek another term in office.
Other defendants in the suit included the Independent National Electoral Commission (INEC), the Ondo State Attorney General, the Attorney General of the Federation and Minister of Justice, Aiyedatiwa, Adelami, and the APC.
Delivering judgment on Thursday, Justice Toyin Adegoke ruled that Aiyedatiwa would not be eligible to run in the 2028 governorship election. The court noted that he was first sworn in as governor on December 27, 2023, following the death of former Governor Rotimi Akeredolu, whose tenure he completed. Aiyedatiwa was later sworn in again on February 24, 2025, after winning the November 16, 2024 governorship election.
The judge explained that the 1999 Constitution does not allow a president, vice president, governor, or deputy governor to remain in office for more than eight years. The ruling referenced the Supreme Court decision in the case of Marwa v. Nyako, which established that no governor or president can exceed the constitutional two-term limit.
Justice Adegoke also stated that the suit was neither speculative nor academic, noting that the court has the authority to interpret the constitution whenever necessary.
In addition, the judge held that the legal processes filed by the third to fifth defendants were considered abandoned because they did not participate during the hearing. As a result, the court only reviewed the submissions of the plaintiff and the first and second defendants.
According to the court, allowing Aiyedatiwa to contest and possibly serve another four-year term would violate the constitutional limit of eight years in office.
Related News:
Ondo APC Chair Beaten as Party Meeting Turns Violent
Again Protest rocks Ondo over insecurity
Ondo Guber: Aiyedatiwa emerges winner
The court therefore ruled in favour of the plaintiff and granted all the reliefs sought in the suit.
Earlier, on March 9, 2026, the Court of Appeal in Abuja had dismissed an appeal filed by Aiyedatiwa challenging a previous ruling of the Federal High Court in Akure related to the same case.
The appellate court, in a unanimous decision delivered by a three-member panel, held that the trial court acted properly when it allowed the plaintiff to amend his originating summons. Justice Uchechukwu Onyemenam, who delivered the lead judgment, said Aiyedatiwa failed to prove that the amendment caused any miscarriage of justice or denied him a fair hearing.
Aiyedatiwa initially assumed office on December 27, 2023, after the death of Governor Rotimi Akeredolu. He was later elected and sworn in again on February 24, 2025.
Despite the ruling, the governor may still challenge the decision by appealing to a higher court.
About the Author
