A Federal High Court sitting 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 relied on the Supreme Court judgment in Marwa v. Nyako, which established that a President or Governor cannot serve in office for more than eight years.
“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, defeating Agboola Ajayi of the Peoples Democratic Party.
The suit was filed by an All Progressives Congress member, Akin Egbuwalo, who challenged the governor’s eligibility to seek 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 contest again.
The defendants in the suit included the Independent National Electoral Commission, the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the All Progressives Congress, and the Deputy Governor, Olayide Adelami.
In her judgment, Justice Adegoke noted that the legal processes filed by the third to fifth defendants were deemed abandoned because they failed to participate in the hearing of the case.
She explained that the court only considered the submissions made 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 said.
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,” the judge added.
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.
