Court rules Aiyedatiwa ineligible to contest 2028 Ondo governorship election

A Federal High Court sitting in Akure, Ondo State, has ruled that the state governor, Lucky Aiyedatiwa, cannot contest the 2028 governorship election, holding that doing so would breach the constitutional limit of eight years in office.
Delivering judgment on Thursday, Justice Adegoke held that Aiyedatiwa, who was first sworn in on December 27, 2023, to complete the tenure of the late Rotimi Akeredolu, and later inaugurated on February 24, 2025, after winning the November 16, 2024 governorship election, would exceed the constitutionally permitted tenure if allowed to run again in 2028.
The judge said the 1999 Constitution (as amended) does not permit a president, vice president, governor, or deputy governor to remain in office beyond eight years, citing the Supreme Court’s decision in Marwa v. Nyako.
Justice Adegoke also dismissed arguments that the suit was speculative or academic, stressing that the court has the authority to interpret constitutional provisions whenever necessary.
The case was filed by Dr. Akin Egbuwalo, a member of the All Progressives Congress (APC), through his counsel, Chief Adeniyi Akintola, SAN. The plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution (as amended) and its implications for Aiyedatiwa’s tenure.
Under the provision, together with Section 182(3), a person who assumes office to complete the tenure of another elected official can only be elected to that office for one additional term.
Egbuwalo argued that Aiyedatiwa’s two oaths of office — first as successor to Akeredolu and later as an elected governor — constitutionally restrict him to completing the current tenure without the possibility of seeking another term in 2028.
The suit listed the Independent National Electoral Commission (INEC), the Attorney General of the Federation, the Minister of Justice, Aiyedatiwa, the APC, and the state Deputy Governor, Olayide Adelami, as defendants.
Justice Adegoke had earlier scheduled January 28 to determine Aiyedatiwa’s eligibility to recontest the governorship, given that he had taken the oath of office twice as governor. However, the judgment was delayed after the defendants approached the Court of Appeal of Nigeria in Abuja, which later allowed the High Court to proceed with the ruling.
In the judgment, the court held that the processes filed by the third to fifth defendants were deemed abandoned after they failed to participate during the hearing of the case. As a result, only the submissions of the plaintiff and the first and second defendants were considered.
The court concluded that allowing Aiyedatiwa to contest and potentially serve another four-year term would violate the constitutional position affirmed by the Supreme Court.
“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 judge ruled.
The court therefore found merit in the plaintiff’s arguments and granted all the reliefs sought.
Earlier, on March 9, 2026, the Court of Appeal of Nigeria dismissed an appeal filed by Aiyedatiwa challenging the High Court’s decision that allowed an amendment to the suit.