Ondo State Governor, Lucky Aiyedatiwa
A Federal High Court in Akure, the capital of Ondo State, has restrained Governor Lucky Aiyedatiwa from seeking another term in office.
Delivering judgment on Thursday, Justice Toyin Bolaji Adegoke ruled that the 1999 Constitution of Nigeria (as amended) does not allow an elected President, Vice President, Governor, or Deputy Governor to remain in office for more than eight years.
The court noted that Aiyedatiwa first assumed office on December 27, 2024, following the death of his predecessor, Oluwarotimi Akeredolu, in order to complete the remainder of his tenure.
He was later sworn in again on February 24, 2025, after emerging victorious in the November 16, 2024 governorship election in the state.
The suit was filed by an Ondo State member of the All Progressives Congress (APC), Kin Egbuwalo, who challenged the governor’s eligibility to contest for another term.
Through his lawyer, Chief Adeniyi Akintola (SAN), the plaintiff asked the court to interpret Section 137(3) of the constitution as it relates to the qualification of Aiyedatiwa to seek a second term.
Those listed as defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress, and the Deputy Governor, Olayide Adelami.
In his ruling, Justice Adegoke stated that only the processes filed by the plaintiff, the first defendant, and the second defendant were considered. The court held that filings by the third to fifth defendants were treated as abandoned because they did not participate during the hearing of the case.
The court also dismissed the objection raised by the first defendant, ruling that the case was neither speculative nor academic as claimed by the defendants, but presented a valid cause of action.
Justice Adegoke further held that allowing the governor to contest and possibly serve another four-year term would contradict the position earlier established by the Supreme Court in the Marwa v. Nyako case, which affirmed that a President or Governor cannot remain in office beyond eight years.
The court consequently ruled that the plaintiff had established his case and granted all the reliefs sought.
