The Federal High Court in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is ineligible to contest the 2028 governorship election, citing constitutional limits on tenure.
Delivering the verdict on Thursday, March 12, 2026, Justice Adegoke held that seeking re-election in 2028 would violate the constitutional maximum of eight years in office. The judgment referenced the Supreme Court decision in Marwa v. Nyako to support the interpretation.
Aiyedatiwa’s unique path to office was a key factor in the ruling. He first assumed office on December 27, 2023, following the death of former Governor Rotimi Akeredolu, and was sworn in again on February 24, 2025, after winning the November 16, 2024, governorship election in the state.
The case was brought before the court by Akin Egbuwalo, a member of the ruling All Progressives Congress (APC), who sought legal clarification on Section 137(3) of the 1999 Constitution (as amended), which regulates gubernatorial tenure. His lawyer, Adeniyi Akintola (SAN), argued that the governor’s combined tenure would exceed the constitutional eight-year limit.
Reacting to the ruling in an interview with Channels TV, Governor Aiyedatiwa said he was not anticipating the judgment. He emphasized that his focus has been on governance rather than re-election.
“I was only in office to govern and was not even thinking of re-election for now,” the governor said. “I will only consider contesting if the people want me to continue and if the constitution permits it.”
The court’s decision has set a clear precedent on the interpretation of tenure limits for governors who assume office under exceptional circumstances and are subsequently elected.
