A Federal High Court sitting in Akure, Ondo State, has ruled that the state governor, Lucky Aiyedatiwa, will not be eligible to contest for another term in the 2028 governorship election.
The case was brought before the court by an All Progressives Congress chieftain, Akin Egbuwalo, who asked the court to interpret Section 137(3) of the 1999 Constitution regarding the eligibility of the governor and his deputy, Olayide Adelami, to run for another term.
Those listed as defendants in the suit included the Independent National Electoral Commission, the Federal Ministry of Justice through the Attorney-General of the Federation, Governor Aiyedatiwa, his deputy Adelami, and the All Progressives Congress.
Delivering judgment on Thursday, Justice Toyin Adegoke held that Aiyedatiwa’s tenure timeline makes him ineligible to seek another term in 2028. The court noted that he was first sworn in as governor on December 27, 2023, following the death of the former governor, Rotimi Akeredolu, whose tenure he completed.
Aiyedatiwa was later inaugurated on February 24, 2025, after winning the November 16, 2024 governorship election.
According to the court, the 1999 Constitution of Nigeria (as amended) does not allow a president, vice-president, governor, or deputy governor to remain in office for more than eight years in total. The ruling relied on the precedent set by the Supreme Court in the case of Marwa v. Nyako.
Justice Adegoke also dismissed arguments that the case was speculative, stressing that the court has the authority to interpret the Constitution whenever necessary.
The judge further noted that legal processes filed by the third to fifth defendants were considered abandoned because they did not participate in the hearing. As a result, the court relied mainly on the arguments presented by the plaintiff and the first and second defendants.
The court concluded that allowing Aiyedatiwa to contest and potentially serve another four-year term in 2028 would violate the constitutional limit of eight years in office.
Earlier, the Court of Appeal of Nigeria in Abuja had dismissed an appeal filed by Aiyedatiwa challenging an earlier ruling of the Federal High Court in Akure on the same matter.
In a unanimous decision delivered by a three-member panel led by Justice Uchechukwu Onyemenam, the appellate court ruled that the lower court acted within its powers when it allowed the plaintiff to amend his originating summons.
The court added that the governor failed to prove that the amendment caused any miscarriage of justice or violated his right to a fair hearing.
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