A Federal High Court sitting in Akure has ruled that Governor Lucky Aiyedatiwa is constitutionally barred from seeking another term in office.
In her judgment, Justice Toyin Adegoke held that allowing the Governor to contest in the next election would violate the 1999 Constitution (as amended), which restricts any individual from holding the office of Governor for more than eight years in total.
The court clarified that because Aiyedatiwa was sworn in to complete the remainder of the late Rotimi Akeredolu’s term and subsequently won his own four-year election, a further term would push his total time in office beyond the maximum legal limit.
Justice Adegoke emphasized that the constitution does not permit an elected President or Governor to exceed this eight-year ceiling under any circumstances.
“If the third defendant (Aiyedatiwa) is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa versus Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” she declared.
Persecondnews recalls that Aiyedatiwa became governor on Dec. 27, 2023, following the death of former Gov. Oluwarotimi Akeredolu, whose tenure he completed.
Aiyedatiwa was later inaugurated on Feb. 24, 2025, after he won the Nov. 16, 2024, governorship election on the platform of the All Progressives Congress(APC).
Mr Akin Egbuwalo, a member of APC in the state, initiated the legal battle, challenging the governor’s eligibility to contest another term in office.
Egbuwalo, through his counsel, Mr. Adeniyi Akintola (SAN), asked the court to interpret Section 137(3) of the 1999 Constitution as it relates to the eligibility of Aiyedatiwa to seek re-election.
He listed the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, and Minister of Justice, Chief Lateef Fagbemi, Aiyedatiwa, APC, and the deputy governor, Mr Olayide Adelami as defendants.
Justice Adegoke noted in her judgment that the processes filed by the third to fifth defendants were deemed abandoned because they failed to participate in the hearing of the suit.
According to her, only the submissions of the plaintiff and the first and second defendants were considered.
The judge subsequently dismissed the objection raised by the first defendant, ruling that the suit was neither speculative nor academic.
“This court finds that the action filed by the plaintiff discloses a valid cause of action and cannot be dismissed as speculative or academic.
“Whenever a court is invited to interpret any provision of the Constitution, the court has the inherent jurisdiction to hear and determine such a matter because the court itself is a creation of law and must uphold the Constitution at all times.
“This court possesses the inherent jurisdiction to interpret provisions of the constitution whenever such interpretation is sought
“Having found merit in the arguments presented by the plaintiff, the court granted all the reliefs sought in the suit, effectively restraining the third defendant from seeking another term in office,” she ruled.
Author
Leave a comment