By Ayo Kehinde
The Federal High Court in Akure has ruled that Ondo State Governor Lucky Aiyedatiwa is ineligible to contest the 2028 governorship election, citing constitutional limits on tenure.
Presiding judge, Justice Toyin Bolaji Adegoke, held that allowing Aiyedatiwa to seek another term would violate the constitutional restriction that no governor, deputy governor, president, or vice president may serve more than eight years in office.
Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Rotimi Akeredolu, and later re-elected on February 24, 2025, after defeating Agboola Ajayi of the Peoples Democratic Party (PDP) in the November 16, 2024 governorship election.
The legal challenge was filed by Dr. Akin Egbuwalo, a member of the All Progressives Congress (APC), who questioned the governor’s eligibility for a second term. Egbuwalo, through his counsel Chief Adeniyi Akintola (SAN), sought an interpretation of Section 137(3) of the 1999 Constitution (as amended).
The suit named the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and Deputy Governor Dr. Olayide Adelami as defendants. Justice Adegoke noted that several defendants failed to participate during proceedings, and their processes were deemed abandoned.
Delivering judgment, Justice Adegoke stressed that the case was neither speculative nor academic, emphasizing the court’s inherent jurisdiction to interpret the Constitution. She cited the Supreme Court ruling in Marwa v. Nyako, which held that a president or governor cannot serve beyond eight years.
The court consequently upheld all reliefs sought by the plaintiff, effectively barring Governor Aiyedatiwa from seeking a second term in 2028.
Earlier, the Court of Appeal in Abuja dismissed an appeal filed by Governor Aiyedatiwa, seeking to halt proceedings in the suit challenging his eligibility to contest the next governorship election in the state.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the Federal High Court in Akure properly exercised its discretion when it granted the plaintiff, Akindele Egbuwalo, leave to amend his originating summons in the case.
Justice Uchechukwu Onyemenam ruled that Governor Aiyedatiwa failed to establish that the decision of the trial judge occasioned a miscarriage of justice or denied him the right to a fair hearing. The court consequently dismissed the appeal for lacking merit and awarded ₦2 million in costs against the governor.
