Court Rules Aiyedatiwa Ineligible for 2028 Governorship Bid in Ondo

The Federal High Court in Akure has ruled that Ondo State Governor Lucky Aiyedatiwa cannot contest the 2028 governorship election, holding that allowing him to run again would breach the constitutional limit on tenure for elected executives in Nigeria.

In a judgment delivered on Thursday, Justice Toyin Adegoke ruled that Aiyedatiwa would exceed the maximum eight years permitted under the 1999 Constitution of the Federal Republic of Nigeria if he were allowed to seek another term after his current tenure.

The suit was filed by a chieftain of the All Progressives Congress in the state, Akin Egbuwalo, who asked the court to interpret Section 137(3) of the constitution regarding the eligibility of the governor and his deputy, Olayide Adelami, to contest another term in office.

Defendants in the case included the Independent National Electoral Commission, the Ondo State Attorney General, the Attorney General of the Federation and Minister of Justice, as well as Aiyedatiwa, Adelami and the APC.

Justice Adegoke held that the constitutional provision limiting a president or governor to a maximum of eight years in office applies to Aiyedatiwa’s situation. The court relied on the Supreme Court precedent in the case of Marwa v. Nyako, which established that elected executives cannot remain in office beyond eight years, regardless of circumstances surrounding their initial assumption of office.

Aiyedatiwa first assumed office on December 27, 2023, following the death of his predecessor, Rotimi Akeredolu. He later won the November 16, 2024 governorship election and was sworn in for a fresh term on February 24, 2025.

The court held that permitting him to contest again in 2028 would effectively allow him to remain in power beyond the constitutional limit.

The ruling follows a related development earlier in March when the Court of Appeal in Abuja dismissed an appeal by the governor challenging the Federal High Court’s decision to allow amendments to the originating summons in the case. In the unanimous judgment delivered by Justice Uchechukwu Onyemenam, the appellate court ruled that the lower court acted properly and that the governor failed to show any miscarriage of justice.

Legal observers say the decision could significantly shape the political landscape in Ondo State ahead of the 2028 election cycle.

Although the judgment currently bars him from seeking another term, analysts note that Aiyedatiwa still has the option of challenging the decision at the Supreme Court.