The Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election, declaring that allowing him to seek another term would violate the constitutional limit of eight years in office.
Delivering the judgment on Thursday, Justice Adegoke held that the Constitution of the Federal Republic of Nigeria 1999, as amended, does not envisage a situation where a president, vice president, governor or deputy governor would remain in office for more than eight years.
The court held that Aiyedatiwa, who was sworn in as governor on December 27, 2023, following the death of former Governor Oluwarotimi Akeredolu, and later inaugurated on February 24, 2025, after winning the November 16, 2024 governorship election, would be ineligible to seek another term in 2028.
Justice Adegoke relied on the Supreme Court decision in Marwa v. Nyako, which affirmed that no elected executive can remain in office beyond the constitutionally permitted eight years.
The judge also rejected arguments that the suit was speculative or academic, stressing that the court has the inherent jurisdiction to interpret any section of the constitution whenever the need arises.
The suit was filed by Dr Akin Egbuwalo, a member of the All Progressives Congress (APC), through his counsel, Chief Adeniyi Akintola, SAN, seeking the court’s interpretation of Section 137(3) of the constitution as it applies to Aiyedatiwa.
The plaintiff argued that the constitutional provision, alongside Section 182(3), stipulates that a person sworn in to complete the tenure of another elected official can only be elected to the same office for one additional term.
Egbuwalo contended that since Aiyedatiwa had already taken the oath of office twice, first as successor to Akeredolu and later as an elected governor, he is constitutionally ineligible from contesting the 2028 governorship election.
The defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Aiyedatiwa, the APC, and the Deputy Governor, Dr Olayide Adelami.
Initially, Justice Adegoke had fixed January 28 to decide whether Aiyedatiwa is qualified to re-contest, having been sworn in twice as governor of the state. The defendants, however, arrested the judgement until the Court of Appeal, sitting in Abuja, gave leeway for the delivery of the judgement.
Justice Adegoke noted that the processes filed by the third to fifth defendants were deemed abandoned after they failed to participate in the hearing of the case, adding that only the submissions of the plaintiff and the first and second defendants were considered.
The court held that “If the third defendant (Aiyedatiwa) is allowed to contest and serve another four years, that will be against the position of the law in Marwa versus Inyako, where the Supreme Court held that a president or governor cannot serve beyond eight years.”
Consequently, the court ruled in favour of the plaintiff and granted all the reliefs sought in the suit.
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