Federal High Court Bars Governor Aiyedatiwa from Seeking Another Term in Ondo State
A Federal High Court in Akure, Ondo State, has restrained Governor Lucky Aiyedatiwa from seeking another term in office, ruling that allowing him to contest again would violate the constitutional limit on tenure.
Delivering judgment on Thursday, Justice Toyin Bolaji Adegoke held that the 1999 Constitution of the Federal Republic of Nigeria does not permit an elected President, Vice President, Governor, or Deputy Governor to remain in office for more than eight years.
The court ruled that if Aiyedatiwa were allowed to contest and win another term, it would exceed the constitutional limit.
Justice Adegoke cited the Supreme Court’s decision in Marwa v. Nyako, which established that a President or Governor cannot serve beyond eight years in office.
“If the third defendant is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa v. Nyako, where the Supreme Court held that a President or Governor cannot serve beyond eight years,” the judge said.
Aiyedatiwa first assumed office on December 27, 2024, following the death of former governor Oluwarotimi Akeredolu, whose tenure he completed.
He was later sworn in again on February 24, 2025, after winning the November 16, 2024 governorship election under the platform of the All Progressives Congress (APC), defeating Agboola Ajayi of the Peoples Democratic Party (PDP).
The legal challenge was initiated by an APC member, Akin Egbuwalo, who questioned the governor’s eligibility to contest another term.
Through his counsel, Adeniyi Akintola (SAN), the plaintiff asked the court to interpret Section 137(3) of the 1999 Constitution as it relates to Aiyedatiwa’s qualification to seek re-election.
Those listed as defendants in the suit included the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Olayide Adelami.
In her ruling, Justice Adegoke noted that the legal processes filed by the third to fifth defendants were deemed abandoned because they did not participate in the hearing of the suit.
She explained that the court only considered the submissions presented by the plaintiff and the first and second defendants.
The judge also dismissed the objection raised by the first defendant, ruling that the case was neither speculative nor academic.
“This court finds that the action filed by the plaintiff discloses a valid cause of action and cannot be dismissed as speculative or academic,” she held.
Justice Adegoke further emphasised that courts have the authority to interpret the Constitution whenever such interpretation is sought.
“Whenever a court is invited to interpret any provision of the Constitution, the court has the inherent jurisdiction to hear and determine such a matter because the court itself is a creation of law and must uphold the Constitution at all times,” she said.
Having found merit in the plaintiff’s arguments, the court granted all the reliefs sought in the suit, effectively restraining Aiyedatiwa from seeking another term as governor of Ondo State.
