A federal high court sitting in Akure, the Ondo State capital, has ruled that Governor Lucky Aiyedatiwa cannot seek re-election in 2028, citing constitutional limits on tenure.
Delivering judgment on Thursday, the presiding judge, Toyin Adegoke, held that allowing the governor to run for another term would breach the constitutional provision restricting the tenure of elected presidents, vice-presidents, governors and deputy governors.
The case was filed by Akin Egbuwalo, a member of the All Progressives Congress (APC).
Through his counsel, Adeniyi Akintola, the plaintiff asked the court to interpret section 137 (3) of the 1999 Constitution with regard to Aiyedatiwa’s eligibility to contest the governorship election again in 2028.
Those listed as defendants in the suit are the Independent National Electoral Commission (INEC), the attorney-general of the federation, Aiyedatiwa, the APC, and the Ondo State deputy governor, Olayide Adelami.
In her ruling, Adegoke stated that the constitution of the Federal Republic of Nigeria does not permit an elected president, vice-president, governor or deputy governor to remain in office for more than eight years.
She further ruled that the processes filed by the third to fifth defendants were considered abandoned because they did not participate in the hearing of the matter.
According to the judge, the court only considered the submissions of the plaintiff and those of the first and second defendants.
The court also dismissed the objection raised by the first defendant, ruling that the case was neither speculative nor academic.
“If the third defendant (Aiyedatiwa) is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa v. Nyako, where the supreme court held that a president or governor cannot serve beyond eight years,” the judge ruled.
“This court finds that the action filed by the plaintiff discloses a valid cause of action and cannot be dismissed as speculative or academic.
“Whenever a court is invited to interpret any provision of the constitution, the court has the inherent jurisdiction to hear and determine such a matter because the court itself is a creation of law and must uphold the constitution at all times.”
Aiyedatiwa was sworn in as deputy governor of Ondo State on February 24, 2021, alongside the late Rotimi Akeredolu, who had been re-elected for a second term with him as running mate.
However, Akeredolu died in office on December 27, 2023, about one year and two months before the expiration of his tenure.
Following his death, Aiyedatiwa was sworn in as governor to complete the remainder of Akeredolu’s term.
He was later inaugurated for a fresh term on February 24, 2025, after winning the November 2024 governorship election.
However, section 182(3) of the 1999 Constitution provides that “a person who was sworn in as governor to complete the term for which another person was elected as governor shall not be elected to such office for more than a single term.”
(The CABLE)
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