By Seyi Odewale
A Federal High Court sitting in Akure, Ondo State, on Thursday ruled that Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election, declaring that doing so would violate the constitutional limit of eight years in office.
Delivering the judgement, Justice Toyin Adegoke held that the 1999 Constitution (as amended) clearly prohibits any president or governor from remaining in office beyond eight years.
“The Constitution is explicit on the tenure of elected executive office holders. No president or governor can remain in office beyond eight years,” the judge ruled.
The court relied on the Supreme Court’s decision in Marwa v. Nyako, which affirmed the constitutional restriction on tenure for elected executive officials.
Aiyedatiwa first assumed office as governor on December 27, 2023, following the death of his predecessor, Rotimi Akeredolu. He later took another oath of office on February 24, 2025, after winning the November 16, 2024, governorship election.
Justice Adegoke held that while the Constitution permits a person who completes the tenure of another elected governor to contest for one additional term, any attempt to extend that period would be unconstitutional.
“The law allows a successor who completes the tenure of another governor to seek election for only one more term. Any attempt to go beyond that would amount to a breach of the Constitution,” the judge stated.
The court also dismissed arguments that the suit was speculative, stressing that courts have a duty to interpret the Constitution and prevent possible violations.
“It is within the powers of the court to interpret the Constitution and forestall any action capable of breaching its provisions,” Justice Adegoke added.
The suit was filed by an All Progressives Congress (APC) member, Dr Akin Egbuwalo, through his counsel, Chief Adeniyi Akintola (SAN), seeking judicial interpretation of Section 137(3) of the Constitution as it relates to Aiyedatiwa’s tenure.
The constitutional provision, together with Section 182(3), stipulates that a person sworn in to complete the tenure of another elected official can only seek election for one more term.
Egbuwalo argued that Aiyedatiwa had already taken two oaths of office — first when he succeeded the late Akeredolu and later after winning the governorship election — and therefore cannot lawfully seek another term in 2028.
Those listed as defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Dr Olayide Adelami.
Justice Adegoke noted that the third to fifth defendants failed to participate in the hearing, stating that their processes were deemed abandoned.
Consequently, the court considered only the arguments of the plaintiff and those of the first and second defendants before delivering its ruling.
The judge maintained that allowing Aiyedatiwa to contest another election and potentially serve an additional four years would contradict the Supreme Court’s position on the eight-year constitutional limit.
“The Supreme Court has settled this position that no president or governor can remain in office beyond eight years,” the court held while granting all the reliefs sought by the plaintiff.
