A Federal High Court sitting in Akure, the Ondo State capital, has ruled that Governor Lucky Aiyedatiwa is not eligible to contest the 2028 governorship election in the state.
The ruling followed a suit filed by an All Progressives Congress (APC) chieftain, Dr. Akin Egbuwalo, who asked the court to interpret Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Dr. Olayide Adelami, to seek another term in office.
Other defendants in the suit included the Independent National Electoral Commission (INEC), the Ondo State Attorney General, the Attorney General of the Federation and Minister of Justice, Governor Aiyedatiwa, his deputy Adelami, and the APC.
In a judgment delivered on Thursday, Justice Toyin Adegoke held that Aiyedatiwa would be ineligible to contest the 2028 election. The court noted that he was first sworn in on December 27, 2023, following the death of former Governor Rotimi Akeredolu, to complete the remainder of his tenure.
The judge also pointed out that Aiyedatiwa was later inaugurated again on February 24, 2025, after winning the November 16, 2024 governorship election.
According to the court, the 1999 Constitution does not allow an elected president, vice president, governor, or deputy governor to remain in office for more than eight years. Justice Adegoke cited the Supreme Court decision in *Marwa v. Nyako*, which established that no elected executive can serve beyond the constitutionally permitted period.
The court further ruled that allowing Aiyedatiwa to contest and serve another four-year term after his current tenure would exceed the constitutional limit.
Justice Adegoke also stated that the suit was not speculative or academic, stressing that the court has the authority to interpret the constitution whenever necessary.
Meanwhile, the judge noted that the legal processes filed by the third to fifth defendants were deemed abandoned because they failed to participate in the hearing. As a result, only the submissions of the plaintiff and the first and second defendants were considered.
The court ultimately held that the plaintiff’s case had merit and granted all the reliefs sought.
In a related development, the Court of Appeal in Abuja had earlier dismissed an appeal filed by Aiyedatiwa challenging a ruling of the Akure Federal High Court in the same matter.
In the unanimous decision delivered by a three-member panel on March 9, 2026, Justice Uchechukwu Onyemenam ruled that the trial court acted properly when it allowed the plaintiff to amend his originating summons.
The appellate court held that Aiyedatiwa failed to prove that the decision caused any miscarriage of justice or denied him a fair hearing.
Aiyedatiwa was first sworn in as governor on December 27, 2023, following the death of former Governor Rotimi Akeredolu. He later won the November 2024 governorship election and was sworn in again on February 24, 2025.
During his first anniversary interview in office, the governor had maintained that only the Supreme Court could stop him from contesting the 2028 governorship election.
Following the latest ruling of the Federal High Court, Aiyedatiwa may still approach the appellate courts to challenge the judgment.
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