The Federal High Court in Akure, Lucky Aiyedatiwa, governor of Ondo State, has been barred from contesting the 2028 governorship election. The court ruled that his eligibility would violate constitutional provisions on term limits.
Justice Toyin Bolaji Adegoke delivered the judgment in a ruling on Thursday. The court held that the 1999 Constitution (as amended) does not allow a governor to serve more than eight years in office.
Governor Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Rotimi Akeredolu.
He was later inaugurated on February 24, 2025, after winning the November 16, 2024 governorship election.
The suit leading to the judgment was brought to the Federal High Court to interpret constitutional provisions on term limits for elected officials.
The court held that the constitution does not permit an elected governor, or deputy governor, to spend more than eight years in office.
If allowed to contest in 2028, Aiyedatiwa’s cumulative time in office would exceed this limit.
Justice Adegoke stated that the suit was not speculative or academic and that the court has jurisdiction to interpret the relevant constitutional sections.
The ruling clarifies the application of Sections 137(3) and 182(3) of the 1999 Constitution (as amended), which address the tenure of elected executives who assume office to complete another official’s term.
In related proceedings, the Court of Appeal in Abuja recently dismissed an appeal filed by Governor Aiyedatiwa challenging procedural aspects of the eligibility suit.
The appellate court found the appeal lacked merit and awarded costs against him.
The court’s interpretation of the constitutional provisions affects how term limits will be applied in future elections.
It confirms that a governor who has taken the oath of office to complete a predecessor’s tenure and subsequently won an election may be restricted from contesting again if the combined years exceed eight.
The eligibility judgment sets a legal precedent that could influence similar cases involving office holders who assume a position mid‑term and later seek election.
