FEDERAL HIGH COURT DISQUALIFIES GOVERNOR AIYEDATIWA FROM 2028 ONDO GUBERNATORIAL ELECTION

A Federal High Court of Nigeria sitting in Akure has ruled that Lucky Aiyedatiwa cannot contest the 2028 governorship election in Ondo State. The judgment delivered on Thursday addressed the eligibility of the governor to seek another term after completing the tenure of the late former governor, Rotimi Akeredolu.

The case was filed by an All Progressives Congress chieftain, Akin Egbuwalo, who asked the court to interpret Section 137(3) of the 1999 Constitution of Nigeria regarding the governor’s qualification for another term. Defendants in the suit included the Independent National Electoral Commission, the Attorney General of Ondo State, the Attorney General of the Federation, Aiyedatiwa, his deputy Olayide Adelami and the All Progressives Congress.

Delivering the ruling, Justice Toyin Adegoke held that Aiyedatiwa would not be eligible to contest another governorship election in 2028. The court noted that the governor was first sworn in on December 27, 2023 to complete the tenure of Akeredolu following his death. Aiyedatiwa was later inaugurated again on February 24, 2025 after winning the November 16, 2024 governorship election in the state.

According to the court, the 1999 Constitution of Nigeria does not permit a president, vice president, governor or deputy governor to remain in office beyond eight years. Justice Adegoke relied on the precedent established by the Supreme Court of Nigeria in the case of Marwa v. Nyako.

The judge ruled that the suit was neither speculative nor academic, noting that the court had the authority to interpret constitutional provisions whenever necessary. She also observed that some defendants failed to participate during the hearing of the matter, leading the court to treat their legal processes as abandoned. Consequently, only the submissions of the plaintiff and the first two defendants were considered in the final judgment.

The court concluded that allowing the governor to contest again would contradict the position of the Supreme Court of Nigeria that no governor can remain in office beyond eight years. Justice Adegoke therefore held that the plaintiff’s case had merit and granted all the reliefs sought.

Earlier in the proceedings, the Court of Appeal of Nigeria sitting in Abuja dismissed an appeal filed by Aiyedatiwa challenging a ruling of the Akure Federal High Court. In a unanimous decision delivered by Justice Uchechukwu Onyemenam, the appellate court held that the trial court acted properly when it allowed the plaintiff to amend his originating summons. The panel ruled that the governor failed to prove that the amendment caused any miscarriage of justice or violated his right to fair hearing.

Aiyedatiwa first assumed office in December 2023 after the death of Akeredolu. He later won the 2024 governorship election and was sworn in again in February 2025. Before the latest judgment, the governor had maintained that only the Supreme Court of Nigeria could stop him from contesting again in 2028. Legal observers say the governor may still challenge the ruling at the apex court.