Ondo 2028: Court Disqualifies Aiyedatiwa
Nigeria’s constitutional eight year tenure limit for governors has again come under judicial interpretation after a ruling of the Federal High Court in Akure barred Lucky Aiyedatiwa from contesting the 2028 governorship election in Ondo State.
Justice Toyin Bolaji Adegoke, who presided over the case, ruled that allowing Aiyedatiwa to seek another term after his current tenure would violate the constitutional provision that limits elected presidents and governors to a maximum of eight years in office.
The judgement followed a suit filed by Dr Akin Egbuwalo, a member of the All Progressives Congress, who asked the court to interpret the constitutional eligibility of the Ondo governor to contest another term.
Justice Adegoke held that the 1999 Constitution of Nigeria does not envisage a situation where an elected president, vice president, governor or deputy governor would spend more than eight years in office.
The court stressed that any interpretation of the law must align with the constitutional intention of restricting executive tenure at the state and federal levels.
The ruling stated that if Aiyedatiwa were allowed to contest and serve another four year term after the expiration of his current mandate, such an outcome would conflict with the legal precedent established by the Supreme Court.
Justice Adegoke referred specifically to the landmark case of Marwa v. Nyako, where the Supreme Court held that no governor or president can remain in office for more than eight years regardless of the circumstances surrounding their assumption of office.
According to the court, the precedent remains binding on lower courts when determining constitutional questions relating to tenure.
The legal dispute arises from the unusual circumstances that led to Aiyedatiwa’s emergence as governor.
Aiyedatiwa first assumed office on December 27, 2024 following the death of the then governor Rotimi Akeredolu.
Akeredolu’s death created a constitutional transition under which the deputy governor completed the remainder of the administration’s tenure.
Aiyedatiwa was later elected governor in the November 16, 2024 governorship election and defeated Agboola Ajayi of the Peoples Democratic Party.
Following that election, he was sworn in again on February 24, 2025 to begin a fresh constitutional term.
The sequence created legal questions about how the time spent completing Akeredolu’s tenure should be counted when determining eligibility for future elections.
Dr Akin Egbuwalo approached the Federal High Court through his counsel, Chief Adeniyi Akintola (SAN), requesting a judicial interpretation of Section 137(3) of the Constitution regarding Aiyedatiwa’s qualification to contest another governorship election.
The suit listed several defendants including the Independent National Electoral Commission, the Attorney General of the Federation and Minister of Justice, Governor Aiyedatiwa himself, the All Progressives Congress, and the deputy governor Dr Olayide Adelami.
The plaintiff argued that permitting the governor to seek another four year term after completing the current mandate could lead to a tenure that exceeds the constitutional limit.
During proceedings, the defendants challenged the case on the grounds that it was speculative and academic because the 2028 election was still several years away.
Justice Adegoke rejected that argument.
The court held that the case raised a legitimate constitutional question and that the judiciary has inherent authority to interpret the Constitution whenever a dispute over its meaning arises.
The judgement stated that a court cannot decline jurisdiction simply because the event being challenged lies in the future.
Justice Adegoke said the judiciary, as a creation of law, has a duty to uphold and interpret the Constitution whenever invited to do so.
Court records show that the legal processes filed by the third to fifth defendants were deemed abandoned because those parties did not participate during the hearing of the suit.
Justice Adegoke therefore ruled that only the submissions of the plaintiff, the first defendant and the second defendant would be considered in determining the matter.
The court subsequently dismissed the objection raised by the first defendant and held that the plaintiff had established a valid cause of action.
Justice Adegoke concluded that the claim had merit and granted all the reliefs sought by the plaintiff.
The judgement had initially been scheduled for delivery on January 28.
However, the defendants obtained permission from the Court of Appeal sitting in Abuja which delayed the delivery of the ruling.
After the appellate court granted leave, the Federal High Court proceeded to deliver the judgement.
The ruling adds another chapter to Nigeria’s longstanding debate over how tenure limits should apply when governors complete unfinished terms.
The issue first gained national prominence after the Supreme Court decision in Marwa v Nyako, which arose from disputes involving several governors who assumed office following electoral litigation and later sought to extend their tenure.
The Supreme Court held that the Constitution recognises a maximum of two terms of four years each for governors and presidents, establishing a strict eight year ceiling regardless of interruptions or delayed elections.
That judgement has since served as the guiding legal principle in disputes involving tenure calculations for elected executives.
Although the 2028 governorship election in Ondo State remains several years away, the ruling introduces a significant legal constraint that could shape the state’s future political landscape.
If the judgement stands through possible appeals, it would effectively prevent Aiyedatiwa from contesting another term after the completion of his current tenure.
Such constitutional interpretations often trigger further legal battles, particularly when political actors seek clarity from appellate courts.
For now, the Federal High Court’s ruling establishes that the constitutional eight year limit remains the central benchmark for determining eligibility for Nigeria’s top executive offices.