Court Prohibits Aiyedatiwa from Running for Another Term in Ondo

The Federal High Court in Akure, Ondo State, has blocked Governor Lucky Aiyedatiwa from running for re-election, asserting that allowing him to seek another term would violate the constitution's tenure limit.

In a ruling delivered on Thursday, Justice Toyin Bolaji Adegoke affirmed that the 1999 Constitution of Nigeria prohibits an elected President, Vice President, Governor, or Deputy Governor from serving more than eight years in office.

The judgment stated that if Aiyedatiwa were permitted to run and win another term, it would contravene this constitutional restriction.

Justice Adegoke referenced the Supreme Court case of Marwa v. Nyako, which solidified the principle that a President or Governor cannot serve beyond the eight-year limit.

“If the third defendant is allowed to contest and serve another four years, that would contradict the established legal framework as per Marwa v. Nyako, where it was ruled that a President or Governor cannot hold office beyond eight years,” she remarked.

Aiyedatiwa first assumed the governorship on December 27, 2024, following the death of his predecessor Oluwarotimi Akeredolu, completing the remaining term.

He was later inaugurated again on February 24, 2025, after securing victory in the November 16, 2024, governorship election representing the All Progressives Congress (APC), defeating Agboola Ajayi from the Peoples Democratic Party (PDP).

The legal action was initiated by Akin Egbuwalo, a member of the APC, who challenged the governor’s eligibility to seek an additional term.

Through his legal representative, Adeniyi Akintola (SAN), the plaintiff sought judicial interpretation of Section 137(3) of the 1999 Constitution regarding Aiyedatiwa’s capacity to contest for re-election.

The defendants included the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Aiyedatiwa, the APC, and Deputy Governor Olayide Adelami.

Justice Adegoke highlighted that the legal submissions made by some of the defendants were considered abandoned as they did not engage in the proceedings, noting that only the arguments presented by the plaintiff and the first two defendants were taken into account.

The judge dismissed an objection by the first defendant, asserting that the case was valid and not merely speculative or academic.

“This court concludes that the plaintiff's case reveals a legitimate cause of action and cannot be dismissed as such,” she emphasized.

Furthermore, Justice Adegoke asserted that courts have the prerogative to interpret the Constitution whenever necessary.

“Anytime a court is called to interpret a constitutional provision, it possesses the inherent authority to address and resolve such matters, as courts are established by law and must uphold the Constitution continually,” she stated.

With the court agreeing with the plaintiff’s position, it granted all requests made in the suit, thereby preventing Aiyedatiwa from aiming for another term as Ondo State’s governor.