The Federal High Court in Akure has barred Governor Lucky Aiyedatiwa from contesting for a second term in the 2028 Ondo governorship election.
This ruling came after a suit by APC chieftain Dr Akin Egbuwalo seeking clarification on Section 137(3) of the Constitution.
The court explained that since Aiyedatiwa was first sworn in on December 27, 2023, to complete the late Governor Rotimi Akeredolu’s tenure, and then inaugurated again on February 24, 2025, he cannot serve beyond eight years.
Justice Toyin Adegoke cited the Supreme Court’s Marwa v. Nyako ruling to support the decision.
“If the third defendant is allowed to contest and serve another four years, that will be against the position of the law in Marwa v. Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” the court said.
The judge also ruled that processes from the Independent National Electoral Commission, the Ondo State Attorney General, and the Attorney General of the Federation were abandoned, leaving only the plaintiff and first two defendants’ processes valid.
The Court of Appeal in Abuja also dismissed Aiyedatiwa’s appeal on March 9, 2026, affirming that the Federal High Court properly exercised its discretion when it allowed the plaintiff to amend his originating summons.
Justice Uchechukwu Onyemenam noted that the governor failed to show any miscarriage of justice.
Aiyedatiwa was first sworn in as governor in December 2023 and again in February 2025 after winning the November 2024 election.
In his first anniversary interview, he had said only the Supreme Court could stop him from contesting in 2028. With the Federal High Court ruling against him, he may now consider an appeal.
