The Federal High Court in Akure, Ondo State, on Thursday ruled that Governor Lucky Aiyedatiwa is barred from contesting for a second term in 2028.
The case was brought by Dr. Akin Egbuwalo, a senior All Progressives Congress (APC) member in the state, who sought clarification on Section 137(3) of the Constitution concerning the eligibility of Aiyedatiwa and his deputy, Dr. Olayide Adelami, for a second term.
The suit named the Independent National Electoral Commission (INEC), the Ondo State Attorney General, the Attorney General of the Federation and Minister of Justice, Aiyedatiwa, Adelami, and the APC as defendants.
Delivering the judgment, Justice Toyin Adegoke held that Aiyedatiwa is ineligible to contest in 2028, having first been sworn in on December 27, 2023, to complete the late Governor Rotimi Akeredolu’s tenure, and later inaugurated on February 24, 2025, following his victory in the November 16, 2024, governorship election.
The judge declared that the 1999 Constitution, as amended, did not provide for a situation where an elected president, vice president, governor, or deputy would serve more than eight years in office, citing the Supreme Court’s decision in Marwa v. Nyako.
The court ruled that the suit was not speculative or academic, emphasising that it had inherent jurisdiction to interpret any section of the constitution, being a creation of law and duty-bound to uphold it at all times.
Justice Adegoke also held that the processes of the third to fifth defendants were deemed abandoned, having failed to participate during the hearing of the suit, and that only the processes of the plaintiff and first and second defendants would be considered.
“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 court’s verdict also stated that it found “merit in the case of the plaintiff and consequently granted all the reliefs sought.”
In a unanimous judgment delivered by a three-member panel, the appellate court held that the trial court properly exercised its discretion when it granted an application by the plaintiff, Dr Egbuwalo, to amend his originating summons in the case.
Justice Uchechukwu Onyemenam, who read the lead judgment, ruled that Aiyedatiwa failed to show that the Federal High Court’s decision to allow the amendment occasioned any miscarriage of justice or denied him the right to a fair hearing.
Aiyedatiwa was first sworn in as governor on December 27, 2023, after the late Governor Rotimi Akeredolu died.
He was again sworn in as governor on February 24, 2025, having won the November governorship election in the state.