A Federal High Court sitting in Akure, the capital of Ondo State, has barred Governor Lucky Aiyedatiwa from seeking another term in office, ruling that such a move would contravene the provisions of the 1999 Constitution as amended.
Delivering judgment on Thursday, the presiding judge, Toyin Bolaji Adegoke, held that the Constitution does not permit an elected President, Vice President, Governor or Deputy Governor to remain in office for more than eight years.
The suit was instituted by Akin Egbuwalo, a member of the All Progressives Congress (APC), who challenged the eligibility of Aiyedatiwa to contest for another term after having been sworn in twice as governor. Joined in the suit were the Deputy Governor, Olayide Adelami, and the ruling party.
Aiyedatiwa was first sworn in on December 27, 2024, following the death of former governor Oluwarotimi Akeredolu, whose tenure he completed. He was later sworn in again on February 24, 2025, after emerging victorious in the November 16, 2024 governorship election where he defeated Agboola Ajayi of the Peoples Democratic Party (PDP).
Justice Adegoke held that allowing the governor to contest and serve another four-year term would violate the constitutional limit on tenure. The court relied on the precedent established by the Supreme Court in the case of Marwa v. Nyako Supreme Court decision, which affirmed that no President or Governor can remain in office beyond eight years.
The court also dismissed the preliminary objection raised by the first defendant, ruling that the suit was neither speculative nor academic but raised a valid constitutional question requiring interpretation.
According to the court, the processes filed by the third to fifth defendants were deemed abandoned as they failed to participate during the hearing of the suit. Consequently, the court considered only the submissions of the plaintiff and the first and second defendants.
Having found merit in the plaintiff’s arguments, the court granted all the reliefs sought, effectively restraining Aiyedatiwa from seeking another term as governor under the current constitutional provisions.
