Justice Toyin Adegoke of the Federal High Court, Akure, on Thursday ruled that Ondo State Governor Lucky Aiyedatiwa is constitutionally barred from contesting for another term in office.
In her judgment, Justice Adegoke held that allowing Aiyedatiwa to run again would contravene the provisions of the 1999 Constitution, which limits the tenure of elected presidents, vice presidents, governors, and deputy governors to a maximum of eight years in office.
“If the third defendant, Governor Aiyedatiwa, is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa versus Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” Justice Adegoke stated.
Aiyedatiwa assumed office on December 27, 2023, following the death of former Governor Oluwarotimi Akeredolu, completing the remainder of Akeredolu’s tenure.
He was subsequently inaugurated on February 24, 2025, after winning the November 16, 2024 governorship election under the All Progressives Congress (APC).
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The governor’s eligibility was challenged by Mr. Akin Egbuwalo, an APC member, through his counsel, Mr. Adeniyi Akintola (SAN). The suit sought judicial interpretation of Section 137(3) of the 1999 Constitution, which pertains to the eligibility of officeholders to seek re-election.
The court’s ruling effectively prevents Aiyedatiwa from contesting for a second term, reinforcing the constitutional cap on tenure and setting a precedent for interpreting Section 137(3) in line with existing Supreme Court decisions.
Constitutional law experts say the ruling aligns with established judicial interpretations limiting executive officeholders to two terms or eight years in office.
Professor Babatunde Ajayi, a constitutional law scholar, commented: “The court’s decision underscores the judiciary’s role in upholding the constitutional limit on tenure. Any attempt to extend beyond the prescribed term would be invalid and contrary to Supreme Court rulings.”
The ruling is expected to have significant political implications in Ondo State, particularly for the APC, as the party will now need to identify a new candidate for the 2026 governorship elections.
Residents and political stakeholders are awaiting further clarification from INEC on how the judgment will affect the upcoming electoral process in Ondo State.