The Akure Division of the Federal High Court in Ondo State has barred Governor Lucky Aiyedatiwa from contesting the 2028 governorship election.

In a judgment delivered by Justice Toyin Bolaji Adegoke, the court ruled that doing so would violate the constitutional limit of eight years’ tenure in office.

Justice Adegoke held that allowing the incumbent governor to seek another term in 2028 would be inconsistent with the provisions of the 1999 Constitution (as amended), which places a maximum of eight years on the tenure of a president, vice president, governor, or deputy governor.

It also held that Aiyedatiwa, who was sworn in on December 27, 2023, to complete the tenure of his principal, the late Governor Rotimi Akeredolu (SAN), and later inaugurated on February 24, last year, after winning the November 16, 2024, governorship election, cannot constitutionally contest another term in 2028.

Justice Adegoke relied on the Supreme Court’s decision in Marwa v. Nyako, which affirmed that no elected executive officer can remain in office beyond eight years.

According to the court, permitting the Ondo governor to contest again would extend his stay in office beyond the constitutional limit.

The judge also ruled that the suit filed before the court was neither speculative nor academic, stating that the court has the inherent jurisdiction to interpret provisions of the Constitution and ensure that the law is upheld.

The suit challenging the eligibility of the governor to contest the 2028 election was instituted by a chieftain of the All Progressives Congress (APC), Dr. Akin Egbuwalo, through his counsel, Chief Adeniyi Akintola (SAN).

Egbuwalo had approached the court seeking an interpretation of Section 137(3) of the 1999 Constitution (as amended) as it applies to Aiyedatiwa.

The section, alongside Section 182(3), provides that a person sworn in to complete the tenure of another elected official can only be elected to that office for one additional term.

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The plaintiff argued that Aiyedatiwa’s two oaths of office – first as successor to the late Akeredolu and later as an elected governor – constitutionally limit him to only one additional term.

According to him, allowing the governor to contest again in 2028 would amount to exceeding the constitutional limit on tenure.

Joined as defendants in the suit were: the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor of Ondo State, Dr. Olayide Adelami.

Justice Adegoke had earlier fixed January 28 for judgment on whether or not Aiyedatiwa was qualified to re-contest after being sworn in twice as governor.

But the judgment was delayed after the defendants approached the Court of Appeal sitting in Abuja, which later granted leeway for the judgment to be delivered.

In her verdict, Justice Adegoke held that the processes filed by the third to fifth defendants were deemed abandoned, having failed to participate during the hearing of the suit.

The judge noted that only the submissions of the plaintiff and those of the first and second defendants were considered in arriving at the decision.

She stated that allowing Aiyedatiwa to contest and serve another four-year term would run contrary to 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 in office.

Justice Adegoke subsequently ruled that the plaintiff’s case had merit and granted all the reliefs sought in the suit.

Reacting to the court judgment, Governor Aiyedatiwa described it and other court cases challenging his eligibility to seek another term as a distraction.

The governor said he remained focused on governance and has not declared interest in any future election.

Aiyedatiwa stated this while appearing on a national yelevision programme, “Politics Today” after the Akure Division of the Federal High delivered a judgment restraining him from contesting for another term.

The court had ruled that allowing him to run again would violate the constitutional limit that prevents a governor from spending more than eight years in office.

Reacting to the development on the TV programme, Aiyedatiwa said the legal battles were unnecessary and premature.

The governor insisted that he had never declared his intention to contest another election.

“I have never at any time declared publicly that I’m going to contest any election. I was sworn in just about a year ago, and there is no timetable for any election. So, there is no cause of action as far as I’m concerned,” he said.

Aiyedatiwa explained that he did not institute the suit but was dragged to court by political actors seeking constitutional interpretation.

“I did not approach the court to seek eligibility to contest. Some people, for political reasons, decided to go to court to seek clarification. Since the case was filed against me, I had to defend myself,” he said.

The governor noted that the series of litigations against him had become a distraction from governance.

He added that he had faced several court cases since assuming office.

“For some reasons, I have done almost 20 cases. So, it is nothing new to me anymore. I have developed a thick skin. I don’t feel anything other than the fact that these distractions are just being put away so that I can continue my work for the good people of Ondo State,” he said.

Aiyedatiwa said he had not yet studied the full court ruling, stressing that he would consult his lawyers before deciding on the next step.

“The judgment is that of the court. I have not seen the details yet. My counsel will look at it and advise. If there is a need for further interpretation, we will follow the legal process,” he said.

Also, the Ondo State chapter of the Peoples Democratic Party (PDP) has urged Governor Aiyedatiwa to jettison his 2028 governorship ambition and focus on tackling the growing insecurity across the state.

In a statement yesterday by its Director of Media and Public Communications, Wándé Àjàyí, the opposition party expressed concern over what it called the governor’s preoccupation with future political contests.

The party noted that many towns and villages, once considered peaceful, were plagued by kidnappers and armed criminals operating with impunity.

“It is deeply troubling that the governor seems distracted by political calculations while the people grapple with insecurity, deteriorating infrastructure, and rising economic hardship,” the PDP said.

The party also reminded Aiyedatiwa of the extraordinary circumstances under which he assumed office, following the death of former Governor Rotimi Akeredolu.

The PDP said it was ironic that the governor engaged in planning his next political move.

“Governance is not a relay of endless elections; it is a solemn responsibility to deliver security, development, and relief to the people,” the statement added.

The PDP urged the governor to channel all his energy towards restoring safety, rebuilding public confidence, and delivering the dividends of democracy, warning that the office of governor is a sacred trust, not a platform for continuous political scheming.

Source: The Nation News