A Federal High Court sitting in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is not eligible to contest the 2028 governorship election in Ondo State.
The court held that allowing him to run again would breach the constitutional limit of eight years in office.
The legal dispute relates to Nigeria’s constitutional provisions governing tenure limits for elected executive officials.
The case required the court to interpret sections of the 1999 Constitution of Nigeria that regulate how long a governor can remain in office.
Lucky Aiyedatiwa first assumed office on December 27, 2024, after the death of former governor Rotimi Akeredolu.
He completed the remainder of Akeredolu’s tenure before later contesting and winning the governorship election held on November 16, 2024, after which he was sworn in again on February 24, 2025.
Questions later emerged regarding whether his earlier swearing-in to complete the late governor’s term would affect his eligibility to contest another term in 2028.
The judgment was delivered by Justice Toyin Bolaji Adegoke of the Federal High Court in Akure.
The court ruled that the constitution does not permit an elected president, vice president, governor, or deputy governor to spend more than eight years in office.
The case was filed by Dr. Akin Egbuwalo, a member of the All Progressives Congress. Through his counsel, Chief Adeniyi Akintola (SAN), he asked the court to interpret Section 137(3) of the constitution in relation to the governor’s eligibility for another term.
Defendants in the suit included:
- Lucky Aiyedatiwa
- Deputy Governor Olayide Adelami
- The All Progressives Congress
- The Independent National Electoral Commission
- The Attorney-General of the Federation and Minister of Justice
Justice Adegoke stated that the matter was neither speculative nor academic and that the court had jurisdiction to interpret constitutional provisions.
The judgment had earlier been delayed after an appeal, but it was eventually delivered following permission granted by the Court of Appeal in Abuja.
The ruling clarifies how constitutional tenure limits apply when a deputy governor assumes office to complete the term of a deceased or incapacitated governor.
Legal interpretations of such provisions are important for Nigeria’s electoral system because they guide political parties, candidates and electoral authorities in determining eligibility for future elections.
The judgment also highlights the role of the judiciary in interpreting constitutional limits on political offices.
