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A Federal High Court in Akure, Ondo State, has barred Governor Lucky Aiyedatiwa from contesting for a second term in office in 2028.
Delivering judgement on Thursday, Justice Toyin Bolaji Adegoke ruled that the 1999 Constitution (as amended) does not allow an elected President, Vice President, Governor, or Deputy Governor to remain in office for more than eight years.
Governor Aiyedatiwa was first sworn in on December 27, 2023, following the death of his predecessor, Oluwarotimi Akeredolu, to complete the remainder of his tenure.
He was sworn in again on February 24, 2025, after winning the November 16, 2024, governorship election in Ondo State.
The suit was filed by Kin Egbuwalo, a member of the All Progressives Congress (APC) in Ondo State, who challenged the governor’s eligibility to run for another term.
Through his counsel, Chief Adeniyi Akintola (SAN), Egbuwalo sought an interpretation of Section 137(3) of the Constitution regarding the governor’s qualification for a second term.
The defendants in the case included the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Governor Aiyedatiwa, the APC, and Deputy Governor Olayide Adelami.
Justice Adegoke ruled that only the processes filed by the plaintiff, INEC, and the Attorney-General would be considered, noting that the submissions of the other defendants were deemed abandoned due to non-participation in the hearing.
The court dismissed objections from INEC and the Attorney-General, stating the suit was neither speculative nor academic but presented a valid cause of action.
The judge also held that allowing the governor to seek another four-year term would contradict the Supreme Court’s position in Marwa v. Nyako, which established that a President or Governor cannot serve beyond eight years.
Consequently, the court ruled in favour of the plaintiff and granted all the relief sought.
