A Federal High Court sitting in Akure, the Ondo State capital, has ruled that the state governor, Lucky Aiyedatiwa, is ineligible to contest the 2028 governorship election.
The ruling followed a suit filed by an All Progressives Congress (APC) chieftain, Akin Egbuwalo, who sought judicial interpretation of Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to seek another term.
Delivering judgment on Thursday, Justice Toyin Adegoke held that Aiyedatiwa cannot contest the 2028 election because he would have already served the constitutional maximum tenure allowed for a governor.
The court noted that Aiyedatiwa was first sworn in on December 27, 2023, after the death of former Ondo State governor, Rotimi Akeredolu. He later won the November 16, 2024 governorship election and was inaugurated again on February 24, 2025.
Justice Adegoke ruled that allowing the governor to contest and serve another four-year term in 2028 would amount to exceeding the constitutional limit of eight years in office for a governor.
The judge cited the Supreme Court’s decision in Marwa v. Nyako, which affirmed that no president or governor in Nigeria can serve beyond eight years in office.
According to the court, the suit was neither speculative nor academic, stressing that the court has the authority to interpret provisions of the constitution.
The court also stated that some defendants in the suit, including Aiyedatiwa and others, were deemed to have abandoned their processes after failing to participate fully during the hearing.
Justice Adegoke subsequently ruled in favour of the plaintiff and granted all the reliefs sought in the case.
The suit had listed the Independent National Electoral Commission, the Ondo State Attorney General, the Attorney General of the Federation and Minister of Justice, Aiyedatiwa, Adelami, and the All Progressives Congress as defendants.
Earlier, on March 9, 2026, the Court of Appeal in Abuja dismissed an appeal filed by Aiyedatiwa challenging a ruling of the Federal High Court that allowed Egbuwalo to amend his originating summons in the case.
In a unanimous judgment delivered by Justice Uchechukwu Onyemenam, the appellate court held that the trial court properly exercised its discretion and that Aiyedatiwa failed to prove that the amendment caused any miscarriage of justice or denied him fair hearing.
Reacting earlier to the controversy, Aiyedatiwa had stated during his first anniversary interview that only the Supreme Court could stop him from contesting the 2028 governorship election.
However, following the latest ruling of the Federal High Court in Akure, the governor may now consider approaching the Supreme Court to challenge the judgment.
