A Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa cannot contest the state’s governorship election in 2028, stating that doing so would breach the constitutional limit of eight years in office
Delivering judgment on Thursday, Justice Adegoke explained that Aiyedatiwa’s tenure began when he was sworn in on December 27, 2023, to complete the term of the late Governor Oluwarotimi Akeredolu. He was later inaugurated again on February 24, 2025, after emerging winner of the November 16, 2024, governorship election.
According to the court, these two oaths mean that seeking another four-year term in 2028 would push his time in office beyond the maximum period allowed by the Constitution.
Justice Adegoke stated that the 1999 Constitution, as amended, does not permit a president, vice president, governor, or deputy governor to remain in office for more than eight years. The judge relied on the Supreme Court ruling in Marwa v. Nyako to support the decision.
The court also rejected claims that the suit was speculative or merely academic, stressing that it has the authority to interpret constitutional provisions and ensure they are upheld.
The case was filed by Dr. Akin Egbuwalo, a member of the All Progressives Congress (APC), through his lawyer, Chief Adeniyi Akintola (SAN). Egbuwalo asked the court to interpret Section 137(3) of the 1999 Constitution (as amended) in relation to Aiyedatiwa’s eligibility.
That section, together with Section 182(3), provides that anyone sworn in to complete the tenure of another elected official may only contest the office for one additional term.
Egbuwalo argued that Aiyedatiwa’s first oath of office as Akeredolu’s successor and his second oath after winning the 2024 election constitutionally restrict him from running again in 2028.
Those listed as defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Dr. Olayide Adelami.
Justice Adegoke had earlier scheduled January 28 to deliver judgment on whether Aiyedatiwa could contest again after being sworn in twice. However, the process was delayed after the defendants halted proceedings until the Court of Appeal in Abuja cleared the way for the judgment to be delivered.
In the ruling, the judge noted 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, only the submissions from the plaintiff and the first and second defendants were reviewed.
The court concluded that allowing Aiyedatiwa to contest again would contradict the Supreme Court’s position that a governor cannot remain in office beyond eight years.
Finding merit in the arguments presented by the plaintiff, the court granted all the reliefs sought.
Earlier, on March 9, 2026, the Court of Appeal in Abuja dismissed an appeal by Aiyedatiwa that challenged the High Court’s decision to permit an amendment to the suit.
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We shall see 🙈