The Federal High Court in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is ineligible to seek another term in office in 2028.
The judgment follows a suit filed by APC chieftain Akin Egbuwalo, who sought a constitutional interpretation of Section 137(3) regarding the tenures of both Aiyedatiwa and his deputy, Olayide Adelami.
In a verdict delivered on Thursday, Justice Toyin Adegoke determined that Aiyedatiwa cannot stand for election in 2028 because he was sworn in on December 27, 2023, to finish the late Rotimi Akeredolu’s term, and was later inaugurated on February 24, 2025, after his victory in the November 2024 election.
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The judge emphasized that the 1999 Constitution does not allow a governor or president to serve more than eight years, citing the Supreme Court’s precedent in Marwa v. Nyako.
Justice Adegoke dismissed claims that the case was speculative, asserting the court’s duty to uphold the law. The judge also noted that the defense from Aiyedatiwa, Adelami, and the APC was considered abandoned as they failed to participate in the hearing.
The court stated, “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 Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” Consequently, the court found merit in the case and granted all sought reliefs.
This follows a separate blow to the governor’s legal standing, as the Court of Appeal in Abuja recently dismissed an appeal by Aiyedatiwa that challenged the High Court’s earlier procedural decisions in this matter.
The appellate court, led by Justice Uchechukwu Onyemenam, held that the trial court properly exercised its discretion and that the governor failed to show any miscarriage of justice.
