BREAKING: Court Stops Ondo Governor Lucky Aiyedatiwa from Seeking Another Term

A Federal High Court sitting in Akure, Ondo State, has disqualified Governor from contesting in the next governorship election in the state, ruling that he cannot seek another term under the provisions of the 1999 Constitution.

 

The judgment, delivered on Thursday by Justice , held that allowing the governor to contest again would contravene the constitutional limit on the number of years an elected executive can remain in office.

 

The court ruled that the Constitution does not permit an elected president, vice president, governor, or deputy governor to serve more than eight years in office, whether the tenure is continuous or completed through succession.

Background to the Case

The legal dispute arose from a suit filed by an All Progressives Congress (APC) chieftain, , who sought judicial interpretation of Section 137(3) of the 1999 Constitution (as amended) regarding Aiyedatiwa’s eligibility to contest another governorship election.

 

Egbuwalo, through his counsel, Chief (SAN), listed several defendants in the suit, including the (INEC), the Attorney General and Minister of Justice, Governor Aiyedatiwa, the (APC), and the Deputy Governor of Ondo State, .

 

The plaintiff asked the court to determine whether Aiyedatiwa could legally contest another term after already assuming office under circumstances that could extend his stay in power beyond the constitutional limit.

Aiyedatiwa’s Path to the Governorship

Governor Aiyedatiwa first assumed office as the substantive governor of Ondo State following the death of his predecessor, .

 

Akeredolu died in December 2023 while serving his second term in office, prompting Aiyedatiwa, who was then deputy governor, to take over the leadership of the state in line with constitutional provisions.

 

He was subsequently sworn in as governor on December 27, 2023, to complete the remainder of Akeredolu’s tenure.

 

Later, Aiyedatiwa contested the governorship election held on November 16, 2024, where he emerged victorious after defeating the candidate of the (PDP), .

Following his victory in that election, he was sworn in again on February 24, 2025, to begin a new four-year term as governor of Ondo State.

However, the question raised before the court was whether Aiyedatiwa could legally contest for yet another term after completing the current tenure, considering that he had already assumed office during the tenure of his predecessor.

Court’s Legal Reasoning

Delivering the judgment, Justice Adegoke stated that the Constitution clearly restricts the maximum tenure of elected executive office holders to eight years.

 

The judge referenced the Supreme Court’s decision in the case of Marwa v. Nyako, which established that no president or governor can remain in office for more than eight years.

 

According to the court, permitting Aiyedatiwa to contest and potentially serve another four-year term would violate that constitutional limit.

 

“If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa versus Nyako where the Supreme Court held that a President or Governor cannot serve beyond eight years,” the judge stated.

 

Justice Adegoke also noted that the court has inherent jurisdiction to interpret constitutional provisions whenever such interpretation is required.

He emphasized that the judiciary, being a creation of law, has the responsibility to uphold and clarify the Constitution when disputes arise regarding its provisions.

Court Rejects Defendants’ Objections

During the proceedings, some of the defendants had argued that the suit was speculative and lacked a concrete cause of action.

However, the court dismissed that argument, ruling that the case was neither academic nor speculative.

Justice Adegoke explained that the suit raised legitimate constitutional questions that required judicial determination.

The judge further held that the legal processes filed by the third to fifth defendants were deemed abandoned because they failed to participate actively during the hearing of the case.

As a result, the court proceeded to consider the submissions of the plaintiff as well as those of the first and second defendants.

The court ultimately dismissed the objection raised by the first defendant and ruled that the plaintiff’s claims had merit.

Reliefs Granted

Having found the plaintiff’s arguments valid, the court granted all the reliefs sought in the suit.

This effectively restrains Governor Aiyedatiwa from contesting in the next governorship election in Ondo State.

The ruling represents a significant development in the political landscape of the state and may have far-reaching implications for the future of the APC in Ondo politics.

Possible Political Implications

Political observers say the judgment could reshape the succession dynamics within the ruling party in Ondo State, as it opens the door for other aspirants to emerge ahead of the next governorship contest.

It also adds to ongoing national debates about constitutional term limits and how they apply to governors who assume office through succession after the death or resignation of an incumbent.

Legal analysts note that the case could still proceed to the appellate courts if any of the parties decides to challenge the ruling.

For now, however, the Federal High Court’s decision stands as a major legal hurdle for Governor Aiyedatiwa’s political ambitions beyond his current tenure.

The Ondo State Government and the APC are yet to issue official reactions to the court’s verdict as of the time of filing this report.