Ondo Governor Lucky Aiyedatiwa Barred from 2028 Election by Federal High Court
Akure, Ondo State – March 13, 2026 – The Federal High Court in Akure has disqualified Governor Lucky Orimisan Aiyedatiwa from contesting the 2028 Ondo State governorship election, a ruling that PulseNets has learnt could reshape constitutional interpretations on term limits for elected officials in Nigeria.
Delivering judgment on Thursday, Justice Toyin Adegoke stated that allowing the governor to seek re-election would breach the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended), specifically the two-term limit imposed on executive office holders.
Constitutional Basis for Disqualification
PulseNets obtained a copy of the judgment, which extensively referenced Section 137(3) of the Constitution—applicable to governors via Section 182—mandating that no individual shall qualify for governorship if they have already held the office for two terms or cumulatively over eight years.
Justice Adegoke told PulseNets during her nearly two-hour ruling that:
“The Constitution imposes a strict eight-year cumulative cap on the tenure of an elected governor, vice president, president, or deputy governor. This limit applies whether the tenure is served continuously in one stretch or accumulated through succession, completion of a deceased or incapacitated predecessor’s term, or any combination thereof.”
PulseNets learnt that Aiyedatiwa first assumed office on December 27, 2023, completing the unexpired portion of the late Governor Oluwarotimi Akeredolu’s second term. He was then elected for a fresh four-year term on November 16, 2024, and sworn in on February 24, 2025. The court noted that a 2028 candidacy would extend his total tenure beyond the constitutionally mandated eight years.
Justice Adegoke emphasized that the constitutional limit is explicit, intended to prevent entrenchment of power, encourage political renewal, and protect democratic governance.
Background of the Case
The suit (FHC/AK/CS/12/2026) was filed by Akin Egbuwalo, an All Progressives Congress (APC) chieftain and legal practitioner. He sought declaratory judgment interpreting the relevant constitutional provisions. PulseNets learnt that the plaintiff argued Aiyedatiwa’s accumulated time as acting and substantive governor already counts toward the eight-year cap, rendering him ineligible for another term.
The Ondo State Government and Aiyedatiwa’s legal team had countered, claiming:
“The time spent completing Akeredolu’s term should not count as a ‘full term’ for the purpose of disqualification. He was elected in his own right in 2024 and is therefore entitled to a fresh two-term opportunity.”
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The court dismissed this argument, ruling that the Constitution measures aggregate years in office rather than discrete “elected terms.”
Reactions and Implications
APC factions in Ondo State welcomed the verdict, describing it as a win for constitutional fidelity and a safeguard against tenure elongation. PulseNets spoke to sources close to the governor, who indicated an intention to appeal the ruling at the Court of Appeal, and if necessary, the Supreme Court. They argued that the judgment misinterprets the framers’ intent and may create uncertainty for future successors in similar circumstances across Nigeria.
Political analysts told PulseNets that the ruling could set a precedent affecting governors who ascend via succession due to impeachment, resignation, or death, potentially reshaping state-level succession politics ahead of the 2027 and 2028 election cycles.
