Court Bars Aiyedatiwa from Contesting 2028 Ondo Governorship Election

• A Federal High Court in Akure has ruled that Ondo State Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election, citing constitutional limits on tenure.

The Federal High Court of Nigeria sitting in Akure, the capital of Ondo State, has ruled that Governor Lucky Aiyedatiwa is not eligible to contest the 2028 governorship election.

The ruling followed a suit filed by an All Progressives Congress chieftain, Akin Egbuwalo, who asked the court to interpret Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek another term in office.

The suit listed the Independent National Electoral Commission, the Ondo State Attorney General, the Federal Ministry of Justice (Nigeria), Aiyedatiwa, Adelami, and the APC as defendants.

In a judgment delivered by Toyin Adegoke, the court held that Aiyedatiwa would be ineligible to stand for election in 2028.

The judge noted that the governor was first sworn in on December 27, 2023, following the death of the former governor, Rotimi Akeredolu, to complete the remaining tenure.

Aiyedatiwa was later sworn in again on February 24, 2025, after winning the November 16, 2024, governorship election in the state.

According to the court, the 1999 Constitution does not allow an elected president, vice president, governor, or deputy governor to serve in office for more than eight years.

Justice Adegoke cited the Supreme Court judgment in the case of Marwa v. Nyako, which established that no governor or president can remain in office beyond the constitutionally permitted two terms.

The court further ruled that the case was neither speculative nor academic, stressing that it had the constitutional authority to interpret any provision of the law.

It also held that the legal processes filed by the third to fifth defendants were deemed abandoned after they failed to participate in the hearing of the suit, leaving only the submissions of the plaintiff and the first and second defendants for consideration.

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“If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa v. Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” the court ruled.

The judgment stated that the court found merit in the plaintiff’s case and therefore granted all the reliefs sought.

Earlier, the Court of Appeal (Nigeria) in Abuja had dismissed an appeal filed by Aiyedatiwa challenging a decision of the Akure Federal High Court regarding the amendment of the originating summons in the case.

Delivering the lead judgment, Justice Uchechukwu Onyemenam held that the trial court properly exercised its discretion and that the governor failed to demonstrate any miscarriage of justice.

Aiyedatiwa had earlier insisted in a media interview that only the Supreme Court could stop him from seeking re-election in 2028.

Following the latest ruling, the governor may choose to challenge the decision at a higher court.