The Federal High Court sitting in Akure has ruled that Lucky Aiyedatiwa, the governor of Ondo State, cannot contest for another term in the 2028 governorship election.
The case was filed by Akin Egbuwalo, an All Progressives Congress chieftain in the state. He approached the court seeking clarification on Section 137(3) of the Nigerian Constitution regarding whether Aiyedatiwa and his deputy, Olayide Adelami, would be eligible to run for another term.
Those listed as defendants in the suit included the Independent National Electoral Commission, the Ondo State Attorney General, the Federal Ministry of Justice represented by the Attorney General of the Federation, Aiyedatiwa, Adelami, and the APC.
In the judgment delivered on Thursday, March 12, Justice Toyin Adegoke ruled that Aiyedatiwa would not be qualified to contest the 2028 election. The court explained that he was first sworn in on December 27, 2023, to complete the tenure of the late governor, Rotimi Akeredolu, and was later inaugurated again on February 24, 2025, after winning the November 16, 2024 governorship election.
According to the judge, the 1999 Constitution of Nigeria, as amended, does not permit an elected president, vice president, governor, or deputy to remain in office for more than eight years. The ruling referenced the Supreme Court decision in the case of Marwa v. Nyako.
The court further stated that the case was neither speculative nor merely academic, noting that it had the authority to interpret constitutional provisions and ensure they are upheld.
Justice Adegoke also noted that the submissions of the third to fifth defendants were considered abandoned because they failed to participate in the hearing. As a result, the court only considered the filings from the plaintiff and the first and second defendants.
The court stated, “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 judgment added that the court found “merit in the case of the plaintiff and consequently granted all the reliefs sought.”
Earlier, on March 9, 2026, the Court of Appeal sitting in Abuja dismissed an appeal filed by Aiyedatiwa, which challenged the earlier ruling of the Akure Federal High Court regarding his eligibility to contest the next governorship election.
In a unanimous decision delivered by a three-member panel, the appellate court held that the trial court acted within its powers when it approved an application by Dr. Egbuwalo to amend his originating summons in the case.
Delivering the lead judgment, Justice Uchechukwu Onyemenam said Aiyedatiwa failed to prove that the decision of the Federal High Court to allow the amendment caused any miscarriage of justice or denied him the opportunity for a fair hearing.