A Federal High Court sitting in Akure, Ondo State, has ruled that the state governor, Lucky Aiyedatiwa, is ineligible to contest the 2028 governorship election.
The judgment followed a suit filed by an All Progressives Congress chieftain, Dr Akin Egbuwalo, who asked the court to interpret constitutional provisions regarding the eligibility of the governor and his deputy, Olayide Adelami, to seek another term in office.
Delivering the ruling, Justice Toyin Adegoke held that Aiyedatiwa would be ineligible to run in the 2028 election because of the time he has already spent in office.
The court noted that he was first sworn in on December 27, 2023, following the death of former governor Rotimi Akeredolu, before later winning the November 16, 2024 governorship election and being inaugurated again on February 24, 2025.
According to the court, the 1999 Constitution of Nigeria does not allow an elected president, vice-president, governor or deputy governor to remain in office for more than eight years.
The judge relied on the Supreme Court’s decision in the case of Marwa v. Nyako, which clarified the constitutional limit on tenure.
Justice Adegoke also ruled that the case brought before the court was neither speculative nor academic, stressing that the court has the authority to interpret constitutional provisions whenever necessary.
The defendants in the suit included the Independent National Electoral Commission, the Attorney-General of the Federation, Aiyedatiwa, Adelami and the All Progressives Congress.
In a related development earlier in the week, the Court of Appeal of Nigeria dismissed an appeal filed by the governor challenging an earlier ruling in the case, affirming the trial court’s decision to allow amendments to the suit.
The ruling could still be challenged at the Supreme Court, as legal proceedings surrounding the interpretation of the governor’s tenure continue.
