- A Federal High Court in Akure has ruled that Ondo State Governor Lucky Aiyedatiwa is ineligible to contest the 2028 governorship election, citing constitutional limits that prevent a governor from serving more than eight years in office.
- Justice Uchechukwu Onyemenam, who read the lead judgment, ruled that Aiyedatiwa failed to prove that the amendment caused any miscarriage of justice or denied him a fair hearing.
A Federal High Court of Nigeria sitting in Akure has ruled that Lucky Aiyedatiwa would be ineligible to contest the 2028 governorship election in Ondo State.
The suit was filed by an All Progressives Congress chieftain, Akin Egbuwalo, who asked the court to interpret Section 137(3) of the 1999 Constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to contest another term.
Other defendants in the suit included the Independent National Electoral Commission, the Ondo State Attorney General, the Attorney General of the Federation, Aiyedatiwa, Adelami, and the APC.
Delivering judgment, Toyin Adegoke held that Aiyedatiwa would not be eligible to run in 2028. The court noted that he was first sworn in on December 27, 2023, after the death of former governor Rotimi Akeredolu, and later inaugurated again on February 24, 2025, after winning the November 16, 2024 governorship election.
The judge explained that the 1999 Constitution, as amended, does not allow an elected president, vice president, governor, or deputy governor to serve more than eight years in office, referencing the Supreme Court decision in the Marwa v. Nyako ruling.
The court ruled, “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.”
Justice Adegoke also stated that the suit was not speculative or academic and that the court had the authority to interpret any part of the Constitution. The judgment added that the processes filed by some defendants were deemed abandoned because they failed to participate during the hearing.
According to the ruling, the court found “merit in the case of the plaintiff and consequently granted all the reliefs sought.”
Earlier, on March 9, 2026, the Court of Appeal of Nigeria dismissed an appeal filed by Aiyedatiwa challenging an earlier ruling in the case. The appellate court said the trial court acted properly when it allowed the plaintiff to amend his originating summons.
Justice Uchechukwu Onyemenam, who read the lead judgment, ruled that Aiyedatiwa failed to prove that the amendment caused any miscarriage of justice or denied him a fair hearing.
Aiyedatiwa had earlier insisted that only the Supreme Court of Nigeria could stop him from contesting the 2028 governorship election. With the latest ruling, the governor may consider appealing the decision.
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