A Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa would be ineligible to contest the 2028 governorship election in the state.
The suit was filed by an All Progressives Congress (APC) chieftain, Akin Egbuwalo, who asked the court to interpret Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek another term in office.
Other defendants in the suit included the Independent National Electoral Commission (INEC), the Ondo State Attorney General, the Federal Ministry of Justice (Nigeria) represented by the Attorney General of the Federation, as well as the All Progressives Congress.
Delivering judgment, Justice Toyin Adegoke held that Aiyedatiwa would not be eligible to contest the 2028 election because he had already been 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.
The court stated that the 1999 Constitution, as amended, does not allow an elected president, vice president, governor or deputy to remain in office for more than eight years. The judge cited the Supreme Court decision in Marwa v. Nyako to support the ruling.
Justice Adegoke also held that the case was not speculative or academic, stressing that the court had the authority to interpret constitutional provisions whenever necessary.
According to the court, the processes filed by the third to fifth defendants were deemed abandoned because they did not participate during the hearing, leaving only the submissions of the plaintiff and the first and second defendants to 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 judge ruled.
The court subsequently granted all the reliefs sought by the plaintiff.
Earlier, on March 9, 2026, the Court of Appeal (Nigeria) sitting in Abuja dismissed an appeal filed by Aiyedatiwa challenging a ruling by the Federal High Court in the same matter.
In a unanimous decision delivered by a three-member panel, Justice Uchechukwu Onyemenam held that the trial court acted within its discretion when it allowed Egbuwalo to amend his originating summons in the case.
The court ruled that Aiyedatiwa failed to show that the amendment caused a miscarriage of justice or denied him fair hearing.
Aiyedatiwa first assumed office as governor on December 27, 2023, following the death of Akeredolu, and was sworn in again on February 24, 2025, after winning the governorship election held in November 2024.
In a previous interview marking his first anniversary in office, the governor had stated that only the Supreme Court could stop him from seeking another term in 2028. Observers say he may still appeal the latest judgment.