The Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is not eligible to contest the 2028 governorship election, holding that allowing him to seek another term would breach the constitutional limit of eight years in office.

Delivering judgment on Thursday, Justice Adegoke held that the Constitution of the Federal Republic of Nigeria 1999 (as amended) does not contemplate a situation where a president, vice president, governor or deputy governor would remain in office for more than eight years.

The court ruled that Aiyedatiwa, who was sworn in as governor on December 27, 2023 following the death of former governor Oluwarotimi Akeredolu, and later inaugurated on February 24, 2025 after winning the November 16, 2024 governorship election, would be constitutionally barred from seeking another term in 2028.

Justice Adegoke relied on the Supreme Court decision in Marwa v. Nyako, which affirmed that no elected executive officer can remain in office beyond the constitutionally permitted eight years.

The judge also dismissed arguments that the suit was speculative or academic, stressing that the court has the inherent jurisdiction to interpret any section of the constitution whenever the need arises.

The suit was instituted by Dr Akin Egbuwalo, a member of the All Progressives Congress (APC), through his counsel, Chief Adeniyi Akintola, SAN, seeking the court’s interpretation of Section 137(3) of the constitution as it applies to Aiyedatiwa.

The plaintiff argued that the constitutional provision, alongside Section 182(3), stipulates that a person sworn in to complete the tenure of another elected official can only be elected to the same office for one additional term.

Egbuwalo maintained that since Aiyedatiwa had already taken the oath of office twice—first as successor to Akeredolu and later as an elected governor—he is constitutionally ineligible to contest the 2028 governorship election.

The defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Aiyedatiwa, the All Progressives Congress (APC), and the Deputy Governor, Dr Olayide Adelami.

Earlier, Justice Adegoke had fixed January 28 to determine whether Aiyedatiwa was qualified to re-contest after being sworn in twice as governor. 

However, the defendants halted the delivery of judgment until the Court of Appeal, sitting in Abuja, granted leave for the ruling to be delivered.

The judge noted that the processes filed by the third to fifth defendants were deemed abandoned after they failed to participate in the hearing of the case, adding that only the submissions of the plaintiff and the first and second defendants were considered.

The court held that allowing Aiyedatiwa to contest and serve another four-year term would contradict the position of the law established in Marwa v. Nyako, where the Supreme Court ruled that a president or governor cannot remain in office beyond eight years.

Consequently, the court ruled in favour of the plaintiff and granted all the reliefs sought in the suit.