Court bars Aiyedatiwa from contesting 2028 Ondo governorship election

The Federal High Court in Akure, Ondo State, has barred Governor Lucky Aiyedatiwa from contesting the 2028 governorship election in the state, declaring that allowing him to seek another term would violate the constitutional limit of eight years’ tenure.

In a judgement delivered on Thursday, Justice Adegoke held that Aiyedatiwa, who was sworn in on December 27, 2023, to complete the tenure of the late Governor Oluwarotimi Akeredolu and subsequently inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election, would be ineligible to stand for election again in 2028.

Justice Adegoke declared that the 1999 constitution as amended did not provide for a situation where an elected president, vice president, governor, and deputy would spend more than eight years in office, citing the Supreme Court’s decision in Marwa v. Nyako.

The court ruled that the suit is not speculative or academic, emphasising that it has inherent jurisdiction to interpret any section of the Constitution, being a creation of law and duty-bound to uphold it at all times.

A member of the All Progressives Congress (APC), Dr Akin Egbuwalo, had, through his counsel, Chief Adeniyi Akintola, SAN, approached the court seeking the interpretation of Section 137(3) of the 1999 Constitution (as amended) as it applies to Aiyedatiwa. The provision, alongside Section 182(3), stipulates that a person sworn in to complete the term of another elected official can be elected to that office for only one additional term.

The plaintiff contended that Aiyedatiwa’s two oaths of office, first as successor to the late governor Akeredolu and second as an elected governor, constitutionally limit his ability to run for another term in 2028.

The suit filed by Egbuwalo has the Independent National Electoral Commission (INEC), the Attorney General of the Federation, the Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Dr Olayide Adelami, as defendants.

Justice Adegoke had initially fixed January 28 to decide whether Aiyedatiwa is qualified to re-contest, having been sworn in twice as governor of the state. The defendants, however, arrested the judgement until the Court of Appeal, sitting in Abuja, gave leeway for the delivery of the judgement.

In her verdict, Justice Adegoke held that the processes of the third to fifth defendants were deemed abandoned, having failed to participate during the hearing of the suit, and that they are the only processes of the plaintiff and first and second defendants that would be considered.

The court held that “If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa versus Inyako, where the Supreme Court held that a president or governor cannot serve beyond eight years.”

The court said it found merit in the case of the plaintiff and consequently granted all the reliefs sought by the plaintiff.

Recall that the Court of Appeal in Abuja, on March 9, 2026, dismissed the appeal filed by Aiyedatiwa challenging the High Court’s decision to allow the amendment of the suit.