A Federal High Court in Akure has ruled that Lucky Aiyedatiwa cannot seek another term as governor of Ondo State, declaring that the 1999 Constitution (as amended) bars elected executives from staying in office beyond eight years.
Delivering judgment on Thursday, Justice Toyin Bolaji Adegoke held that the constitution does not allow an elected President, Vice President, Governor, or Deputy Governor to exceed the eight-year tenure limit in office.
Aiyedatiwa first took the oath of office on December 27, 2024, after the death of his predecessor Oluwarotimi Akeredolu, completing the remainder of the late governor’s tenure. He was sworn in again on February 24, 2025, following his victory in the November 16, 2024 governorship election.
The legal challenge was filed by Kin Egbuwalo, a member of the All Progressives Congress, who questioned the governor’s eligibility to run for another term. Through his counsel Adeniyi Akintola (SAN), the plaintiff asked the court to interpret Section 137(3) of the constitution concerning Aiyedatiwa’s qualification for a second term.
Those listed as defendants in the suit included the Independent National Electoral Commission, the Attorney-General of the Federation, Governor Aiyedatiwa, the APC, and Deputy Governor Olayide Adelami.
Justice Adegoke ruled that only the submissions of the plaintiff, the first defendant, and the second defendant would be considered, noting that the filings of the third to fifth defendants were treated as abandoned because they did not participate during the hearing.
The court also rejected objections claiming the case was speculative, ruling that it raised a valid constitutional question. In the judgment, the court stated that allowing Aiyedatiwa to run again would contradict the Supreme Court’s precedent in the Marwa v. Nyako decision, which established that a President or Governor cannot remain in office for more than eight years.
Consequently, the court held that the plaintiff’s arguments were valid and granted all the reliefs sought, effectively restraining the Ondo governor from contesting another term.
