Presiding Justice Toyin Bolaji Adegoke held that the 1999 Constitution (as amended) does not allow any elected President, Vice President, Governor, or Deputy Governor to serve more than eight years in office
The Federal High Court in Akure, Ondo State, has barred Governor Lucky Aiyedatiwa from contesting the 2028 governorship election, ruling that seeking another term would violate the constitutional eight-year tenure limit.
Presiding Justice Toyin Bolaji Adegoke held that the 1999 Constitution (as amended) does not allow any elected President, Vice President, Governor, or Deputy Governor to serve more than eight years in office.
Aiyedatiwa was first sworn in on December 27, 2024, to complete the tenure of the late Governor Rotimi Akeredolu. He was later formally elected on February 24, 2025, after defeating Peoples Democratic Party (PDP) candidate Hon. Agboola Ajayi in the November 16, 2024 governorship election.
The case was filed by Dr. Akin Egbuwalo of the All Progressives Congress (APC), who challenged the governor, his deputy Dr. Olayide Adelami, and the ruling party over Aiyedatiwa’s eligibility to run for a second term. Egbuwalo, through his counsel Chief Adeniyi Akintola (SAN), sought interpretation of Section 137(3) of the Constitution.
The suit named the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, Governor Aiyedatiwa, the APC, and Deputy Governor Adelami as defendants.
Justice Adegoke noted that the defendants largely abandoned their processes by failing to participate in the hearing. She dismissed objections that the suit was speculative, affirming that it raised a valid constitutional question.
The court cited the Supreme Court’s ruling in Marwa v. Nyako, emphasising that no President or Governor may serve beyond eight years. Justice Adegoke added that courts have inherent jurisdiction to interpret the Constitution and must uphold it.
Consequently, the court granted all reliefs sought by Egbuwalo, barring Governor Aiyedatiwa from contesting the 2028 governorship election.
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