By John Umeh
A Federal High Court sitting in Akure, the capital of Ondo State, has ruled that the incumbent governor, Lucky Aiyedatiwa, cannot contest the state’s governorship election in 2028.
The judgment, delivered on Thursday by Justice Toyin Adegoke, followed a suit filed by an All Progressives Congress chieftain, Dr. Akin Egbuwalo. The plaintiff asked the court to interpret the provisions of the 1999 Constitution regarding whether Aiyedatiwa and his deputy, Olayide Adelami, would be eligible to seek another term in office.
Basis of the Court’s Decision
In its ruling, the court held that Aiyedatiwa would not be eligible to run in the 2028 election because allowing him to do so could extend his time in office beyond the constitutional limit.
The judge noted that Aiyedatiwa first assumed office on December 27, 2023, after the death of former governor Rotimi Akeredolu. He later secured victory in the November 16, 2024 governorship election and was inaugurated again on February 24, 2025.
Justice Adegoke ruled that permitting him to run again in 2028 would contradict the provisions of the Nigerian Constitution, which limit presidents and governors to a maximum of eight years in office.
The court referenced the landmark Supreme Court decision in Marwa v. Nyako, which established that elected executives cannot remain in office beyond the eight-year constitutional cap, regardless of how their initial tenure began.
Defendants in the Case
The lawsuit listed several defendants, including:
-
Independent National Electoral Commission
-
The Ondo State Attorney-General
-
The Attorney-General of the Federation and Minister of Justice
-
Lucky Aiyedatiwa
-
Olayide Adelami
-
The All Progressives Congress
However, the court noted that some of the defendants failed to actively participate in the proceedings. As a result, Justice Adegoke said their legal processes were deemed abandoned, leaving the court to consider mainly the submissions of the plaintiff and the first two defendants.
Appeal Court Earlier Cleared Amendment
Before the latest ruling, the case had already reached the Court of Appeal of Nigeria in Abuja. On March 9, 2026, a three-member panel dismissed an appeal filed by Aiyedatiwa challenging the Federal High Court’s decision to allow the plaintiff amend his originating summons.
Delivering the lead judgment, Justice Uchechukwu Onyemenam ruled that the trial court acted properly and that the governor failed to prove that the amendment caused any miscarriage of justice or violated his right to a fair hearing.
What Happens Next
Despite the setback, the legal battle may not be over. Aiyedatiwa had earlier insisted in an interview marking his first year in office that only the Supreme Court could stop him from seeking another term in 2028.
With the Federal High Court’s ruling now delivered, the governor is expected to consider appealing the decision, which could ultimately move the matter to Nigeria’s highest court for final determination.
If the ruling stands after all appeals, it would mean Aiyedatiwa would complete his current tenure but would be constitutionally barred from seeking re-election in the 2028 governorship race in Ondo State.
