The Federal High Court of Nigeria sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is ineligible to contest the 2028 governorship election in the state, stating that doing so would breach the constitutional limit of eight years in office.

Delivering judgment, Justice Toyin Bolaji Adegoke held that the 1999 Constitution of Nigeria (as amended) does not permit an elected President, Vice President, Governor or Deputy Governor to remain in office for more than eight years.

Aiyedatiwa was first sworn in as governor on December 27, 2024, following the death of former governor Rotimi Akeredolu, whose tenure he completed. He was subsequently sworn in again on February 24, 2025, after winning the November 16, 2024 governorship election, defeating the candidate of the Peoples Democratic Party (PDP), Agboola Ajayi.

Justice Adegoke ruled that the suit challenging Aiyedatiwa’s eligibility to contest another term was neither speculative nor academic. She emphasised that the court possesses inherent jurisdiction to interpret any provision of the Constitution and is duty-bound to uphold it.

The suit was instituted by Dr. Akin Egbuwalo, a member of the All Progressives Congress (APC), who challenged the governor’s eligibility to seek another term in office. Through his counsel, Chief Adeniyi Akintola (SAN), the plaintiff asked the court to interpret Section 137(3) of the Constitution in relation to Aiyedatiwa’s qualification to contest a second term.

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.

The court noted that processes filed by the third to fifth defendants were deemed abandoned after they failed to participate during the hearing of the suit. Justice Adegoke stated that only the submissions of the plaintiff and the first and second defendants were considered in reaching the decision.

She also dismissed the preliminary objection raised by the first defendant, ruling that the case disclosed a valid cause of action.

Citing the Supreme Court decision in Marwa v. Nyako, the judge held that allowing Aiyedatiwa to contest and potentially serve another four-year term would contravene the legal principle that a President or Governor cannot remain in office beyond eight years.

Justice Adegoke further affirmed that whenever a court is invited to interpret the Constitution, it has the authority and responsibility to determine such matters.

The court consequently held that the plaintiff’s case had merit and granted all the reliefs sought.