The Federal High Court sitting in Akure, Ondo State has restrained Governor Lucky Aiyedatiwa from contesting for another term in office.

 

 

The judgment, delivered on Thursday by Justice Toyin Bolaji Adegoke, held that the 1999 Constitution (as amended) does not allow any elected President, Vice President, Governor, or Deputy Governor to serve more than eight years in office.

 

Aiyedatiwa, who was sworn in on December 27, 2023, to complete the tenure of the late Governor Oluwarotimi Akeredolu, won the governorship election on November 16, 2024, defeating PDP candidate Hon. Agboola Ajayi, and was sworn in again on February 24, 2025.

 

The suit was filed by Dr. Akin Egbuwalo, a member of the All Progressives Congress (APC), challenging Aiyedatiwa’s eligibility to seek a second term.

 

The plaintiff also listed the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, the APC, and Deputy Governor Dr. Olayide Adelami as defendants.

 

 

Through his counsel, Adeniyi Akintola (SAN), Egbuwalo sought an interpretation of Section 137(3) of the Constitution regarding the governor’s qualification to contest again.

 

Justice Adegoke had initially fixed January 28 for the ruling, but the judgment was delayed following an application to the Court of Appeal in Abuja.

 

In her verdict, Justice Adegoke dismissed objections raised by the defendants, ruling that the suit was neither speculative nor academic.

 

She noted that the processes filed by the third to fifth defendants, who failed to participate in the hearing, were deemed abandoned. Only the processes filed by the plaintiff and the first and second defendants were considered.

 

 

The court emphasized that allowing the governor to contest for another four-year term would violate the Supreme Court’s ruling in Marwa v. Nyako, which bars any President or Governor from serving beyond eight years.

 

Justice Adegoke further stated that courts have inherent jurisdiction to interpret the Constitution and must uphold it at all times.

 

Consequently, the court granted all the reliefs sought by the plaintiff, effectively barring Governor Aiyedatiwa from seeking re-election.