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The Federal High Court in Akure has issued a ruling preventing Governor Lucky Aiyedatiwa from seeking a second term in the 2028 Ondo governorship race.
This decision follows a legal challenge initiated by Dr. Akin Egbuwalo, a prominent member of the APC, who sought clarification regarding Section 137(3) of the Nigerian Constitution.
The court highlighted that Aiyedatiwa’s initial swearing-in took place on December 27, 2023, to complete the term of the late Governor Rotimi Akeredolu. He then began his full term on February 24, 2025. Consequently, he is ineligible to exceed the constitutionally mandated eight-year limit.
Justice Toyin Adegoke referenced the Supreme Court case of Marwa v. Nyako to bolster the court’s verdict.
“Allowing the third defendant to run and potentially serve an additional four-year term would contravene the legal precedent established in Marwa v. Nyako,” the court stated, emphasizing the Supreme Court’s interpretation that no president or governor may exceed an eight-year tenure.
The judge also ruled that processes from the Independent National Electoral Commission, the Ondo State Attorney General, and the Attorney General of the Federation were abandoned, leaving only the plaintiff and first two defendants’ processes valid.
The Court of Appeal in Abuja also dismissed Aiyedatiwa’s appeal on March 9, 2026, affirming that the Federal High Court properly exercised its discretion when it allowed the plaintiff to amend his originating summons.
Justice Uchechukwu Onyemenam noted that the governor failed to show any miscarriage of justice.
Aiyedatiwa was first sworn in as governor in December 2023 and again in February 2025 after winning the November 2024 election.
In his first anniversary interview, he had said only the Supreme Court could stop him from contesting in 2028. With the Federal High Court ruling against him, he may now consider an appeal.