The Federal High Court in Akure, Ondo State, on Thursday ruled that Governor Lucky Aiyedatiwa is ineligible to contest for a second term in 2028.
The case was brought by Akin Egbuwalo, a chieftain of the All Progressives Congress (APC) in the state, who asked the court to interpret Section 137(3) of the Constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek re-election.
The defendants included the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Aiyedatiwa, Adelami, and the APC.
Justice Toyin Adegoke ruled that since Aiyedatiwa was sworn in on December 27, 2023, to complete the tenure of the late Governor Rotimi Akeredolu, and later inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election, he is barred from running for another term.
The judge cited the 1999 Constitution (as amended), which limits presidents, vice-presidents, governors, and deputy governors to a maximum of eight years in office. The ruling referenced the Supreme Court’s decision in Marwa v. Nyako.
“The 1999 Constitution does not permit any elected official to serve beyond eight years. Allowing the third defendant to contest would directly contravene the Supreme Court’s ruling in Marwa v. Nyako,” the court stated, granting all reliefs sought by the plaintiff.
Justice Adegoke also dismissed submissions by the third to fifth defendants as abandoned, noting that they did not participate in the proceedings. He further emphasized that the case was not speculative or academic, affirming the court’s jurisdiction to interpret constitutional provisions.
Earlier, the Court of Appeal in Abuja rejected Aiyedatiwa’s appeal challenging an earlier Akure Federal High Court decision. In a unanimous ruling, Justice Uchechukwu Onyemenam, leading a three-member panel, held that the trial court acted properly in allowing the plaintiff to amend his originating summons. The panel ruled that Aiyedatiwa failed to show that the amendment caused any miscarriage of justice or denied him a fair hearing.
With Thursday’s ruling, Aiyedatiwa’s path to a second term in 2028 has been effectively blocked, setting the stage for new political dynamics in Ondo State ahead of the next governorship election.