The Federal High Court sitting in Akure, Ondo State has ruled that Governor Lucky Aiyedatiwa is ineligible to contest for a second term in 2028. The judgment, delivered on Thursday by Justice Toyin Adegoke, followed a suit filed by Dr Akin Egbuwalo, a prominent member of the All Progressives Congress (APC), seeking clarification on Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Dr Olayide Adelami, to run for a second term.
The suit named 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 as defendants.
Justice Adegoke held that Aiyedatiwa would be ineligible to contest in 2028, noting that he first assumed office on December 27, 2023, to complete the tenure of the late Governor Rotimi Akeredolu, and was subsequently inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election. The judge cited the Supreme Court ruling in Marwa v. Nyako, stating that the Constitution does not allow any elected president, vice president, governor, or deputy to serve more than eight years in office.
The court ruled that the suit was neither speculative nor academic, asserting its inherent jurisdiction to interpret constitutional provisions. Justice Adegoke also noted that the processes of the third to fifth defendants were deemed abandoned due to their non-participation in the hearings, leaving only the processes of the plaintiff and the first and second defendants for consideration.
“If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa v. Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” the court stated, granting all reliefs sought by Dr. Egbuwalo.
The ruling was upheld on Monday, March 9, 2026, by a three-member panel of the Court of Appeal in Abuja, which dismissed Aiyedatiwa’s appeal. Justice Uchechukwu Onyemenam, delivering the lead judgment, affirmed that the Federal High Court properly exercised its discretion in allowing amendments to the originating summons and found no miscarriage of justice or denial of fair hearing.
Aiyedatiwa, who assumed office following Akeredolu’s death and later won the 2024 governorship election, had previously stated in his first anniversary interview that only the Supreme Court could prevent him from contesting in 2028. Following the Federal High Court ruling and the dismissal of his appeal, the governor may still consider further legal action to challenge the judgment.
ELIJAH ADEYEMI
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