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Federal High Court Bars Ondo Governor from Seeking Re-election

 


The Federal High Court in Akure, Ondo State, has ruled that Governor Lucky Aiyedatiwa is ineligible to seek another term in office, citing the constitutional limit on executive tenure.In a judgment delivered by Justice Toyin Bolaji Adegoke on Thursday, the court barred Aiyedatiwa from contesting any future governorship election in the state. 


The decision enforces the principle that no governor or president can serve beyond a maximum of eight years (two four-year terms), as established by precedent in the Supreme Court's ruling in Marwa v. Nyako.Aiyedatiwa first assumed office on December 27, 2024, following the death of former Governor Oluwarotimi Akeredolu, when he was sworn in to complete the unexpired term. 


He was then elected in his own right in the November 16, 2024, governorship poll under the All Progressives Congress (APC) and re-sworn in on February 24, 2025.The suit, filed by APC chieftain Akin Egbuwalo, sought interpretation of relevant provisions of the 1999 Constitution (as amended), including Section 182(3), which limits those sworn in to complete another's term from being elected more than once additionally. 


The plaintiff argued that Aiyedatiwa's two oaths of office already position him to have effectively served in a way that precludes further eligibility under the tenure cap.The court granted all reliefs sought by the plaintiff, restraining Aiyedatiwa from pursuing another term. 


Justice Adegoke emphasized: “If the third defendant is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa v. Nyako, where the Supreme Court held that a President or Governor cannot serve beyond eight years.”


The ruling dismissed objections that the case was speculative, affirming the court's jurisdiction to interpret constitutional provisions and uphold the law. Proceedings from defendants including Aiyedatiwa, the APC, and others were deemed abandoned due to non-participation.


This decision has significant implications for political succession in Ondo State ahead of the 2028 governorship election, reinforcing strict adherence to Nigeria's constitutional two-term limit for executive offices and potentially influencing similar eligibility disputes elsewhere. 


The governor's side has previously indicated that such matters may ultimately require Supreme Court clarification, though the Federal High Court's ruling stands unless appealed and overturned.


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