A Federal High Court in Akure restrains Governor Lucky Aiyedatiwa from pursuing an Aiyedatiwa third-term bid, citing Nigeria’s constitutional eight-year tenure limit

The Federal High Court, sitting in Akure, on Friday ruled that allowing Lucky Aiyedatiwa to contest another governorship election would violate Nigeria’s constitutional tenure limits.

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Delivering judgment, Justice Toyin Adegoke held that the Constitution of the Federal Republic of Nigeria 1999 does not permit an elected president, vice president, governor or deputy governor to remain in office for more than eight years.

The ruling effectively restrains the governor from pursuing an Aiyedatiwa third-term bid, with the court stating that such an outcome would exceed the maximum period allowed under the law.

Justice Adegoke said that if the governor were allowed to contest and win another four-year term, the tenure would breach the constitutional limit already clarified by the Supreme Court.

“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 the case of Marwa v. Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” the judge declared.

Aiyedatiwa first assumed office on 27 December 2023 following the death of former governor Oluwarotimi Akeredolu, whose remaining tenure he completed.

The governor was subsequently sworn in on 24 February 2025 after winning the 16 November 2024 governorship election under the platform of the All Progressives Congress.

The legal challenge was initiated by Akin Egbuwalo, who asked the court to interpret Section 137(3) of the Constitution in relation to the governor’s eligibility to seek another term.

Through his counsel, Adeniyi Akintola, the plaintiff argued that allowing another contest would contradict the constitutional limit on tenure.

The suit listed the Independent National Electoral Commission, the Office of the Attorney General of the Federation, Lateef Fagbemi, Aiyedatiwa, the APC and deputy governor Olayide Adelami as defendants.

In the judgment, Justice Adegoke noted that the processes filed by the third to fifth defendants were deemed abandoned because the parties failed to participate in the hearing of the suit.

According to the court, only the submissions of the plaintiff and the first and second defendants were considered in reaching the decision.

The judge also dismissed an objection raised by INEC, ruling that the matter 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,” Justice Adegoke said.

The court added that it has the inherent jurisdiction to interpret the Constitution whenever such clarification is sought.

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Having found merit in the plaintiff’s arguments, the court granted all the reliefs requested in the suit, a decisive ruling that restrains the governor from seeking another term in office.