Olushola Omogbehin
Governor Lucky Aiyedatiwa of Ondo State has been stopped by the Federal High Court sitting in Akure from contesting for another term in office in 2028.
This was the outcome of a suit filed by a chieftain of the All Progressives Congress in the state, Dr Akin Egbuwalo, seeking the interpretation of Section 137(3) of the Constitution regarding the eligibility of Aiyedatiwa and his deputy, Dr Olayide Adelami, to contest for a second term in office.
Justice Toyin Adegoke, who delivered the judgement on Thursday said that Aiyedatiwa would not be eligible to stand for election in 2028.
Having been sworn in on December 27, 2023, to complete the tenure of the late Governor Rotimi Akeredolu, and thereafter inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election, he would not be able to stand for another election.
According to the judgement, the 1999 Constitution, as amended, did not provide for a situation where an elected president, vice president, governor, or deputy would serve more than eight years in office, citing the Supreme Court’s decision in Marwa v. Nyako.
Speaking further, Justice Adegoke said “If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa v. Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years.”
Earlier, Aiyedatiwa had challenged a ruling of the Akure Federal High Court in the suit questioning his eligibility to contest the next governorship election in the state but the Court of Appeal in Abuja dismissed it on March 9, 2026.
In the ruling delivered by a three-member panel, the appellate court held that the trial court properly exercised its discretion when it granted an application by the plaintiff, Dr Egbuwalo, to amend his originating summons in the case.
Justice Uchechukwu Onyemenam, who read the lead judgment, ruled that Aiyedatiwa failed to show that the Federal High Court’s decision to allow the amendment occasioned any miscarriage of justice or denied him the right to a fair hearing.
After the death of Governor Rotimi Akeredolu, Aiyedatiwa was first sworn in as governor on December 27, 2023 and again on February 24, 2025, after winning November governorship election in the state.
