Lucky Aiyedatiwa
Elegbede Abiodun
• Nigeria’s Constitution does not permit an elected governor or deputy governor to remain in office beyond eight years.
“If the third defendant (Aiyedatiwa) is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa versus Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” the Judge declared.
A Federal High Court, Akure Division has declared that allowing Governor Lucky Aiyedatiwa to contest for another term in office would go contrary to the constitutional provision on tenure.
Justice Toyin Adegoke in her judgment, said that the Nigeria’s Constitution does not permit an elected president, vice president, governor, or deputy governor to remain in office for more than eight years.
She declared that allowing Aiyedatiwa to contest and win another term, he would exceed the maximum constitutional limit.
“If the third defendant (Aiyedatiwa) is allowed to contest and serve another four years, that will be against the position of the law as established in Marwa versus Nyako, where the Supreme Court held that a president or governor cannot serve beyond eight years,” she declared.
Aiyedatiwa became governor on Dec. 27, 2023, after the death of former Gov. Oluwarotimi Akeredolu, whose tenure he completed.
Aiyedatiwa was later inaugurated on Feb. 24, 2025, after winning the Nov. 16, 2024, governorship election on the platform of the All Progressives Congress(APC).
Mr Akin Egbuwalo, a member of APC in the state, initiated the legal battle, challenging the governor’s eligibility to contest another term in office.
Egbuwalo, through his counsel, Mr Adeniyi Akintola, SAN, asked the court to interpret Section 137(3) of the 1999 Constitution as it relates to the eligibility of Aiyedatiwa to seek re-election.
He listed the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, and Minister of Justice, Chief Lateef Fagbemi, Aiyedatiwa, APC, and the deputy governor, Mr Olayide Adelami as defendants.
Justice Adegoke noted in her judgment that the processes filed by the third to fifth defendants were deemed abandoned because they failed to participate in the hearing of the suit.
According to her, only the submissions of the plaintiff and the first and second defendants were considered.
The judge subsequently dismissed the objection raised by the first defendant, ruling that the suit 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.
“Whenever a court is invited to interpret any provision of the Constitution, the court has the inherent jurisdiction to hear and determine such a matter because the court itself is a creation of law and must uphold the Constitution at all times.
“This court possesses the inherent jurisdiction to interpret provisions of the constitution whenever such interpretation is sought.
“Having found merit in the arguments presented by the plaintiff, the court granted all the reliefs sought in the suit, effectively restraining the third defendant from seeking another term in office,” she said.
(NAN)
