A Federal High Court in Akure, the capital of Ondo State, has ruled that Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election in the state, stating that doing so would breach the constitutional limit on years a governor can remain in office.
Delivering judgment on Thursday, March 12, 2026, Justice Adegoke held that Aiyedatiwa’s tenure began on December 27, 2023, when he assumed office following the death of former governor Rotimi Akeredolu.
The judge noted that Aiyedatiwa later took another oath of office on February 24, 2025, after winning the November 16, 2024 governorship election.
Justice Adegoke held that the Constitution of the Federal Republic of Nigeria does not permit a governor or president to remain in office for more than eight years.
Justice Adegoke relied on the precedent established by the Supreme Court in Marwa v. Nyako to support the ruling.
The suit was filed by Akin Egbuwalo, a member of the All Progressives Congress (APC), through his lawyer Adeniyi Akintola.
The plaintiff asked the court to interpret Section 137(3) of the constitution in relation to Aiyedatiwa’s tenure.
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The section, alongside Section 182(3), stipulates that a person who completes the tenure of another elected official may only contest and serve one additional term.
Egbuwalo argued that since Aiyedatiwa was first sworn in to complete Akeredolu’s tenure and later sworn in again after winning the election, he is constitutionally limited to one further term and cannot seek another in 2028.
Other defendants in the case included the Independent National Electoral Commission, the Attorney-General of the Federation, Aiyedatiwa, the APC, and the state’s deputy governor Olayide Adelami.
However, the court observed that some of the defendants did not participate in the proceedings, and their filings were treated as abandoned.
Justice Adegoke added that allowing the governor to contest again in 2028 and potentially remain in office for another four years would contradict the Supreme Court’s position that no president or governor can exceed eight years in office.
The judge subsequently granted all the reliefs sought by the plaintiff.
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