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From Bamigbola Gbolagunte, Akure
The Federal High Court sitting in Akure, Ondo State, has declared that Governor Lucky Aiyedatiwa lacks the constitutional right to contest governorship election in the state again.
Specifically, the court barred the governor from contesting the 2028 governorship election in the state, declaring that allowing him to seek another term would violate the constitutional limit of eight year’ tenure.
In a judgement delivered by Justice Adegoke, the court held that Aiyedatiwa, who was sworn in on December 27, 2023, to complete the tenure of the late Oluwarotimi Akeredolu and subsequently inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election, would be ineligible to stand for election again in 2028.
Justice Adegoke declared that the 1999 constitution of the Federal Republic of Nigeria (as amended) did not provide for a situation where an elected president, vice president, governor and deputy governor would spend more than eight years in offic
A member of the All Progressives Congress (APC), Dr. Akin Egbuwalo had through his counsel, Chief Adeniyi Akintola, approached the court to seek the interpretation of Section 137(3) of the 1999 Constitution as it applies to Aiyedatiwa.
The plaintiff contended that Aiyedatiwa’s two oaths of office, first as successor to the late governor and second as an elected governor, constitutionally limit his ability to run for another term in 2028.
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Joined in the suit are the Independent National Electoral Commission (INEC), the Attorney General and Minister of Justice, Governor Aiyedatiwa, the APC and the Deputy Governor, Dr. Olayide Adelami.
Justice Adegoke had initially fixed January 28 to decide whether Aiyedatiwa is qualified to re-contest, having been sworn in twice as governor of the state.
The defendants, however, arrested the judgment until the Court of Appeal, sitting in Abuja, gave leeway for the delivery of the judgement.
In her verdict, Justice Adegoke held that the processes of the third to fifth defendants were deemed abandoned, having failed to participate during the hearing of the suit.
The court held that “if the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa versus Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years.”
The court said it found merit in the case of the plaintiff and consequently granted all the reliefs sought by the plaintiff.
The Court of Appeal in Abuja, on March 9, 2026, dismissed the appeal filed by Aiyedatiwa challenging the High Court’s decision to allow the amendment of the suit.
