The Federal High Court in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is constitutionally ineligible to run for a second full term in the coming 2028 governorship election.
Delivering the judgment on Thursday, Justice Toyin Adegoke stated that allowing Aiyedatiwa to contest again would violate the constitutional eight-year tenure limit. The ruling noted that Aiyedatiwa was first sworn in on December 27, 2023, to complete the tenure of the late Governor Oluwarotimi Akeredolu, and later inaugurated on February 24, 2025, after winning the 2024 governorship election.
Justice Adegoke emphasized that the Constitution does not allow elected officials to serve more than eight years, citing the Supreme Court’s decision in Marwa v. Nyako. The court also affirmed its authority to interpret constitutional provisions and uphold the law.
The suit was filed by Dr Akin Egbuwalo of the All Progressives Congress (APC), through his counsel Chief Adeniyi Akintola, SAN, seeking clarification on Sections 137(3) and 182(3) of the 1999 Constitution. These sections specify that an individual who assumes office to complete another official’s term may only be elected for one additional term. The plaintiff argued that Aiyedatiwa’s two oaths of office—first as successor and later as elected governor—limit him from contesting again in 2028.
