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The Federal High Court in Akure has declared the Ondo State Governor, Lucky Aiyedatiwa, ineligible to contest the 2028 governorship election.
The court, presided over by Justice Toyin Adegoke, in a judgment delivered on Thursday, held that the Nigerian Constitution does not provide for a situation where an elected president, vice president, governor, or deputy governor would spend more than eight years in office.
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Mr Aiyedatiwa was sworn in on 27 December 2023, to complete the tenure of the late Governor Oluwarotimi Akeredolu.
He was later sworn in again on 24 February 2025, after he was declared winner of the governorship election held on 16 November 2024.
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A chieftain of the ruling All Progressives Congress (APC), Akindele Egbuwalo, had approached the court in July 2025, to resolve the question of Mr Aiyedatiwa’s eligibility to contest for a second term.
Mr Egbuwalo, through his counsel, Adeniyi Akintola, sought an interpretation of Section 137(3) of the Nigerian Constitution regarding the qualification of Mr Aiyedatiwa to contest for a second term.
Specifically, Section 137(3) provides that a person sworn in as president to complete the term for which another person was elected shall only be elected to such office for a maximum of one additional term.
Also, Section 182(3) stipulates that any person sworn in as governor to complete the term of another elected official is disqualified from being elected to the same office for more than a single term.
The suit filed by Mr Egbuwalo listed the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Mr Aiyedatiwa, the All Progressives Congress (APC), and the Deputy Governor, Olayide Adelami, as defendants.
Justice Adegoke had initially fixed 28 January to decide whether Mr Aiyedatiwa was qualified to re-contest, having been sworn in twice as governor of the state.
But the defendants stalled the judgment by heading to the Court of Appeal in Abuja. The appeal court dismissed the defendants’ objections and granted the lower court permission to proceed with the judgment.
In her verdict, Justice Adegoke held that the processes filed by the third to fifth defendants were deemed abandoned, having failed to participate during the hearing of the suit.
She noted that only the processes of the plaintiff, first defendant, and second defendant would be considered.
Consequently, the court dismissed the objection raised by the first defendant, holding that the suit was neither speculative nor academic, and that it was a valid cause of action.
“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,” she said.
Justice Adegoke also stated that whenever a court is invited to interpret any provision of the Constitution, it has the inherent jurisdiction to hear and determine such a matter, since the court itself is a creation of law and must uphold the Constitution at all times.
The court held that the plaintiff’s case had merit and consequently granted all the reliefs sought by the plaintiff.
The governor had submitted that the suit was an academic exercise since he has yet to indicate any intention to contest the said election.
The governor and his co-defendants, in an attempt to stall the judgment, had asked the Court of Appeal in Abuja to restrain the plaintiff from making an amendment to a suit aimed at barring him from seeking re-election in 2028.
They further contended that the suit was premature, as INEC had not released the timetable for the Ondo governorship election and Mr Aiyedatiwa had not indicated any intention to vie for office.
Mr Aiyedatiwa alleged a breach of his constitutional right to a fair hearing.
He claimed the trial judge acted ultra vires her powers and wrongly assumed jurisdiction.
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The appellate court, in a unanimous decision by a three-member panel of justices, held that the appeal marked CA/ABJ/319/2025., lacked merit and awarded costs of N2 million against Mr Aiyedatiwa.
Appeal Court Justice Uchechukwu Onyemenam held that the appellant failed to establish that the Federal High Court in Akure denied him a fair hearing when it exercised its discretion to grant leave to amend the suit against him.
The appeal court further held that the governor was unable to prove that the trial court’s discretion was based on a wrong legal principle.
It affirmed the Federal High Court’s ruling of 24 November 2025, which allowed amendment of the originating summons filed against the Ondo State governor.
