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Aiyedatiwa Not Eligible to Contest 2028 Guber Election, Court Rules
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The Federal High Court sitting in Akure, Ondo State, on Thursday ruled that Governor Lucky Aiyedatiwa of Ondo State cannot contest the 2028 governorship election, holding that doing so would violate the constitutional limit of eight years in office.
Delivering judgement, Justice Adegoke held that Aiyedatiwa, who first assumed office on 27 December 2023 following the death of former Governor Rotimi Akeredolu, and was later sworn in again on 24 February 2025 after winning the 16 November 2024 governorship election, cannot seek another term in 2028.
The court ruled that the 1999 Constitution (as amended) does not permit a president or governor to remain in office for more than eight years, relying on the Supreme Court’s decision in Marwa v. Nyako to support its position.
Justice Adegoke further held that the suit was neither speculative nor academic, stressing that the court has the inherent authority to interpret provisions of the Constitution and ensure strict compliance with them.
The case was filed by a member of the All Progressives Congress (APC), Dr Akin Egbuwalo, through his counsel, Chief Adeniyi Akintola (SAN), seeking interpretation of Section 137(3) of the 1999 Constitution as it relates to Aiyedatiwa’s tenure.
The section, along with Section 182(3), provides that a person sworn in to complete the term of another elected official can only contest and serve one additional term.
Egbuwalo argued that since Aiyedatiwa had taken two oaths of office—first as successor to the late Governor Akeredolu and later as an elected governor—the Constitution limits him to only one additional term.
Those listed as defendants in the suit include the Independent National Electoral Commission (INEC), the Attorney-General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and the Deputy Governor, Dr. Olayide Adelami.
Justice Adegoke noted in her ruling that the third to fifth defendants failed to participate in the hearing of the case, and their processes were therefore deemed abandoned.
The court held that, “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.”
Consequently, the court considered only the submissions of the plaintiff and the first and second defendants.
She concluded that allowing Aiyedatiwa to contest again and potentially serve another four years would contradict the Supreme Court’s position that no president or governor can remain in office for more than eight years.
The court subsequently upheld the arguments of the plaintiff and granted all the reliefs sought in the suit.
The Nigeria Democratic Congress (NDC) has thrown its weight behind Oyo State governor, Seyi Makinde’s call for an independent United Nations (UN) investigation into the abduction of students and teachers in Oriire Local Government Area.
The party said an impartial and transparent international investigation would help establish the facts surrounding the incident and boost public confidence in the ongoing efforts to unravel the circumstances of the abduction.
In a statement issued on Tuesday, the NDC National Publicity Secretary, Osa Director, said the party believed a UN-backed inquiry would uncover the truth, ensure accountability and deliver justice to the victims and their families.
According to the party, Governor Makinde’s request for a UN investigation was driven by the need for transparency rather than politics, stressing that all questions surrounding the incident should be addressed through a credible and independent process that Nigerians can trust.
The NDC also urged the Federal Government to support every lawful initiative aimed at uncovering the truth, strengthening public confidence in the country’s security institutions and preventing similar incidents in the future.
It maintained that the safety and security of Nigerian children should never become a subject of political disagreement or speculation, insisting that the lives of students deserve the highest level of accountability.
The party added that an independent investigation would not only clarify the circumstances surrounding the abduction but also reinforce confidence in Nigeria’s security and justice systems.
Governor Makinde had earlier called for a UN-led investigation into the school abduction, saying an independent inquiry would lend credibility to the findings and address public concerns over the incident.
The kidnapping of students and teachers in Oriire has sparked nationwide outrage and renewed calls for stronger security measures in schools and better protection for pupils, students and educational personnel.
The Independent National Electoral Commission (INEC) has dismissed as false claims circulating in the media by a factional leader of the African Democratic Congress (ADC), Nafiu Bala, that he had obtained the commission’s access code and uploaded the party’s candidates for the 2027 general election.
The claim, which has been widely shared on social media, suggested that Bala’s faction had successfully completed the upload of candidates on INEC’s nomination portal.
However, when contacted by Daily Trust, INEC’s Director of Voter Education and Publicity, Mrs Victoria Eta-Messi, described the claim as untrue, insisting that Bala is not recognised by the commission as the national chairman of the ADC.
“It is not true,” she said.
A further check by Daily Trust on INEC’s official political parties portal also contradicted Bala’s claim.
The commission’s portal lists Sen. David Mark as the National Chairman of the ADC and Ogbeni Rauf Aregbesola as the National Secretary, indicating that they remain the party officials recognised by INEC for the purpose of nominations and other statutory dealings.
The development comes amid the protracted leadership crisis within the ADC, with rival factions laying claim to the party’s national leadership ahead of the 2027 general election.
The controversy has intensified following reports by Bala’s faction that it had secured INEC’s access code and uploaded candidates, a claim now firmly denied by the electoral commission.
The African Democratic Congress (ADC) has assured its members and supporters nationwide that the recent Court of Appeal judgment on the party’s congresses will not affect its primary elections or the candidates who emerged from the processes.
In a statement issued on Monday by the party’s National Publicity Secretary, Mallam Bolaji Abdullahi, the ADC said the judgment only relates to the election of its ward, local government and state executive committees and has no impact on the direct primaries conducted by the party.
“The African Democratic Congress (ADC) notes the judgment delivered by the Court of Appeal in Abuja on Monday in a matter relating to party congresses for the election of ward, local government and state executive committees of the party,” the statement read.
The party stressed that the ruling does not invalidate the emergence of its candidates at any level.
“We wish to assure members of the party and the general public that this judgment has no effect whatsoever on the direct primaries through which the party’s candidates have emerged at all levels,” it said.
The ADC also disclosed that it had begun the process of challenging the judgment at a higher court, insisting that it disagrees with the decision.
“The party has already commenced the process of appealing the judgment, which we respectfully disagree with and consider to be legally unsustainable,” the statement added.
The party further said it took note of the dissenting judgment delivered by the presiding justice, describing it as more consistent with its position and the law.
“We also note the dissenting judgment of the presiding Justice, which, in our view, more accurately reflects the settled position of the law and the party’s position,” it stated.
The ADC appealed to its members and supporters across the country to remain calm and focused despite the court ruling.
“We urge all party members and the millions of our supporters to remain calm, confident and focused,” the statement said.
The party said it would continue to pursue its goal of offering Nigerians a credible alternative through constitutional and lawful means.
“The African Democratic Congress remains committed to the task of providing Nigerians with a credible alternative and will continue to pursue that mission in accordance with the Constitution and the rule of law,” the statement added.
