A Federal High Court sitting in Akure, the Ondo State capital, has restrained Ondo State Governor, Lucky Aiyedatiwa, from seeking another term in office.
Delivering judgment on Thursday, Justice Toyin Bolaji Adegoke held that the 1999 Constitution (as amended) does not permit an elected President, Vice President, Governor, or Deputy Governor to remain in office for more than eight years.
Governor Aiyedatiwa was first sworn in on December 27, 2024, following the death of his predecessor, Oluwarotimi Akeredolu, to complete the remainder of his tenure.
He was subsequently sworn in again on February 24, 2025, after winning the November 16, 2024, governorship election in the state.
The suit was instituted by an Ondo State member of the All Progressives Congress, Kin Egbuwalo, who challenged the governor’s eligibility to contest for another term.
Through his counsel, Chief Adeniyi Akintola (SAN), the plaintiff sought an interpretation of Section 137(3) of the 1999 Constitution regarding the qualification of Governor Aiyedatiwa to seek a second term.
The defendants in the suit included the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress (APC), and the Deputy Governor, Olayide Adelami.
Justice Adegoke ruled that only the processes filed by the plaintiff, the first defendant, and the second defendant would be considered, noting that the processes of the third to fifth defendants were deemed abandoned as they failed to participate during the hearing of the suit.
The court consequently dismissed the objection raised by the first defendant, holding that the suit was neither speculative nor academic, as argued by the first and second defendants, but disclosed a valid cause of action.
The judge further held that allowing the governor to contest and serve another four-year term would be contrary to the Supreme Court’s position in the Marwa v. Nyako case, which established that a President or Governor cannot remain in office beyond eight years.
The court therefore ruled that the plaintiff’s case had merit and granted all the reliefs sought.
