Tenure tussle: Court bars Aiyedatiwa from re-contesting in Ondo By Dally Iyamu 

Tenure tussle: Court bars Aiyedatiwa from re-contesting in Ondo

By Dally Iyamu 

A Federal High Court sitting in Akure has ruled that Ondo State Governor, Lucky Orimisan Aiyedatiwa, is not eligible to contest for another term in office.

The Court further declared, that any attempt to do so would contravene constitutional provisions limiting a governor’s tenure to eight years.

In a judgment delivered on Thursday, Justice Toyin Bolaji Adegoke held that the Constitution of the Federal Republic of Nigeria 1999 (as amended) does not provide for a situation where an elected President, Vice President, Governor or Deputy Governor would spend more than eight years in office.

Aiyedatiwa was sworn in on December 27, 2024, to complete the tenure of the late former governor, Oluwarotimi Akeredolu.

He was again sworn in on February 24, 2025, after defeating Agboola Ajayi, candidate of the Peoples Democratic Party (PDP), in the November 16, 2024 governorship election.

The suit challenging his eligibility was filed by an All Progressives Congress (APC) member, Akin Egbuwalo, who dragged the governor, his deputy Olayide Adelami, and the All Progressives Congress (APC) to court over whether Aiyedatiwa could legally contest for another term.

Justice Adegoke had earlier fixed January 28 to determine whether the governor, having been sworn in twice, could seek re-election.

However, the defendants halted the judgment until the Court of Appeal sitting in Abuja allowed the trial court to proceed with the delivery of the verdict.

In her ruling, the judge held that the processes filed by the third to fifth defendants were deemed abandoned because they failed to participate during the hearing of the suit.

She added that only the submissions of the plaintiff and the first and second defendants would be considered.

The court also dismissed the preliminary objection raised by the first defendant, ruling that the suit was neither speculative nor academic as argued by the defence but disclosed a valid cause of action.

Justice Adegoke further held that allowing the governor to contest and serve another four-year term would contravene the Supreme Court’s decision in Marwa v. Nyako, which established that a President or Governor cannot serve beyond eight years in office.

The judge emphasised that whenever the court is invited to interpret any section of the Constitution, it possesses the inherent jurisdiction to hear and determine such matters since the court itself is a creation of law and is obligated to uphold the Constitution at all times.

Consequently, the court ruled that the plaintiff had established his case and granted all the reliefs sought.