The Federal High Court sitting in Akure, Ondo State capital has barred the purported ambition of Governor Lucky Aiyedatiwa from contesting for a second term in office in 2028.
Dr. Akin Egbuwalo, a prominent member of the state’s All Progressives Congress, had sued the court to interpret Section 137(3) of the Constitution in relation to Aiyedatiwa’s and his deputy, Dr. Olayide Adelami’s, eligibility to run for a second term.
The suit had 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.
According to a ruling delivered by Justice Toyin Adegoke, the court held that Aiyedatiwa would be ineligible to stand for election in 2028, having been sworn in on December 27, 2023, to complete the tenure of the late Governor Rotimi Akeredolu, and subsequently inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election.
Citing the Supreme Court’s ruling in Marwa v. Nyako, the judge ruled that the 1999 Constitution, as modified, did not allow for an elected president, vice president, governor, or deputy to hold office for longer than eight years.
The court emphasised that it had inherent authority to interpret any portion of the constitution because it was a product of law and had an obligation to uphold it at all times, ruling that the suit was neither speculative nor academic.
READ ALSO: Defiant Aiyedatiwa flouts court order, insists on pushing APC state congress
Additionally, Justice Adegoke ruled that only the plaintiff’s and the first and second defendants’ processes would be taken into consideration because the third to fifth defendants’ processes were deemed abandoned due to their failure to attend in the suit’s hearing.
“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.”
Recall that on Monday, March 9, 2026, the Court of Appeal in Abuja rejected an appeal that Aiyedatiwa had filed against a decision made by the Akure Federal High Court in the lawsuit that questioned his ability to run for the state’s next governorship.
In a three-member panel’s unanimous ruling, the appellate court determined that the trial court had appropriately used its discretion when it allowed plaintiff Dr. Egbuwalo to modify his original summons in the case.
Aiyedatiwa failed to demonstrate that the Federal High Court’s decision to permit the modification resulted in any miscarriage of justice or denied him the right to a fair hearing, according to Justice Uchechukwu Onyemenam, who read the lead judgement.
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.
Meanwhile, Ondo state governor emphasised in his first anniversary interview that only the Supreme Court could prevent him from running for governor again in 2028.
With the defeat in the Federal High Court, Akure, the governor may consider an appeal of the judgment.
Join Our Social Media Channels:
WhatsApp: NaijaEyes
Facebook: NaijaEyes
Twitter: NaijaEyes
Instagram: NaijaEyes
TikTok: NaijaEyes
