A Federal High Court sitting in Akure, Ondo State, has ruled that the state governor, Lucky Aiyedatiwa, will not be eligible to contest the 2028 governorship election.
The court held that allowing Aiyedatiwa to run for another term would violate the constitutional limit that restricts presidents and governors in Nigeria to a maximum of eight years in office.
The judgement, delivered on Thursday by Justice Adegoke, centred on the interpretation of the Constitution of the Federal Republic of Nigeria 1999, as amended.
According to the court, the constitution clearly outlines tenure limits for executive office holders and does not envisage a situation where a governor remains in power beyond the prescribed eight-year maximum.
Justice Adegoke explained that the law guiding executive tenure was designed to protect democratic principles and prevent prolonged control of political offices by a single individual.
The court therefore stressed that any interpretation that allows a governor to exceed the constitutional limit would undermine the intent of the constitution.
The case arose from a suit filed by Dr. Akin Egbuwalo, a member of the All Progressives Congress (APC), who sought a legal interpretation of constitutional provisions relating to tenure limits.
Through his counsel, Senior Advocate of Nigeria Adeniyi Akintola, the plaintiff argued that the governor had already taken the oath of office twice and therefore should not be permitted to seek another four-year mandate in 2028.
To understand the dispute, the court examined the circumstances under which Aiyedatiwa first assumed office as governor.
He was sworn in on December 27, 2023, following the death of the then governor, Oluwarotimi Akeredolu.
At the time, Aiyedatiwa was serving as deputy governor and constitutionally succeeded the late governor to complete the remaining part of the administration’s tenure.
Subsequently, the governor contested the Ondo governorship election held on November 16, 2024.
After emerging victorious in the poll, he was inaugurated again on February 24, 2025, this time as a governor elected through the ballot.
These two separate occasions of taking the oath of office became central to the argument presented before the court.
The plaintiff maintained that the constitution already addresses situations where a deputy governor assumes office after the death or removal of a sitting governor.
According to the legal argument, such a successor is permitted to complete the remaining tenure but can only contest the office once more for a single additional term.
In his submission, Egbuwalo insisted that since Aiyedatiwa had already completed part of Akeredolu’s tenure and later secured his own electoral mandate, the constitution prevents him from seeking another term in 2028.
Granting him that opportunity, he argued, would effectively allow him to stay in power beyond the maximum years permitted by law.
During the proceedings, the judge also considered judicial precedents that guide the interpretation of tenure limits.
Justice Adegoke relied on the Supreme Court decision in Marwa v. Nyako, which clarified that no elected executive official in Nigeria can remain in office beyond eight years.
The Supreme Court ruling has long been regarded as a key legal authority on tenure-related disputes involving governors and presidents.
By referencing the case, the court emphasised that constitutional provisions must be interpreted strictly in line with the intent of limiting the duration any individual can occupy executive office.
Justice Adegoke stated that permitting Aiyedatiwa to contest the 2028 governorship election and potentially serve another four-year term would directly contradict the principle established by the Supreme Court.
According to him, such a scenario would create an avenue for a governor to remain in office longer than the constitution permits.
The judge also dismissed arguments that the case was speculative or premature. Some of the defendants had argued that the court should not entertain the matter because the 2028 election was still years away.
However, the court held that it has the authority to interpret constitutional provisions whenever questions arise about their meaning or application.
The defendants listed in the case included the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Ondo State Deputy Governor Olayide Adelami.
Justice Adegoke noted during the judgement that some of the defendants did not actively participate in the hearing of the suit.
As a result, certain legal processes filed by the third, fourth, and fifth defendants were deemed abandoned because they failed to present arguments before the court when the matter was heard.
Consequently, the court focused primarily on the submissions presented by the plaintiff and the first two defendants.
After reviewing the arguments and relevant constitutional provisions, the judge concluded that the plaintiff’s interpretation aligned with both the constitution and existing judicial precedents.
In the final decision, the court ruled in favour of the plaintiff and granted all the reliefs sought in the suit.
The judgement effectively declares that Aiyedatiwa cannot contest the Ondo State governorship election scheduled for 2028 because doing so would violate Nigeria’s constitutional limit on executive tenure.
The ruling is expected to generate significant political debate within Ondo State and across Nigeria, as it highlights the continuing importance of constitutional interpretation in shaping the country’s democratic process.
It also reinforces the principle that tenure limits remain a key safeguard in Nigeria’s political system, ensuring that leadership positions rotate within the framework established by the constitution.
