The Federal High Court in Akure, Ondo State, on Thursday, declared that Governor Lucky Aiyedatiwa is not qualified to contest the 2028 governorship election in the state.
A judgment delivered by Justice Toyin Adegoke, ruled that allowing Aiyedatiwa to seek another term would violate the constitutional limit of eight years tenure.
The court 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.
According to Adegoke, 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 also 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
