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According to Fidelis David, the Federal High Court in Akure’s recent ruling prohibiting Governor Lucky Aiyedatiwa from running for reelection has sparked a new constitutional and political discussion in Ondo place, a place accustomed to intricate power struggles and tenure-related legal disputes.
Ambition frequently pushes the limits of power in politics, but in constitutional democracies, the law ultimately determines the boundaries. Following a recent Federal High Court decision prohibiting Governor Lucky Aiyedatiwa from running for reelection, that line seems to have been firmly drawn in Ondo State.
The Federal Republic of Nigeria’s Constitution forbids a governor from holding office for more than eight years in any situation, according to Justice Toyin Bolaji Adegoke’s ruling. The Supreme Court of Nigeria’s Marwa v. Nyako ruling, which resolved the constitutional dispute concerning tenure extension for governors who inherited office, set a precedent that the court largely relied upon.
Akin Egbuwalo, a member of the All Progressives Congress, started the court dispute by contesting the governor’s right to run for reelection. The plaintiff requested that the court interpret Section 137(3) of the 1999 Constitution in relation to Aiyedatiwa’s eligibility to run for reelection through his attorney, Adeniyi Akintola, a Senior Advocate of Nigeria (SAN).
The Independent National Electoral Commission, the Attorney General of the Federation and Minister of Justice, Governor Aiyedatiwa, the APC, and Deputy Governor Olayide Adelami were all named as defendants in the lawsuit.
In her ruling, Justice Adegoke stated that the third through fifth defendants’ processes were considered abandoned as they did not attend the suit’s hearing. She claimed that only the plaintiff’s and the first and second defendants’ submissions were taken into account. The first defendant’s objection was later rejected by the judge, who concluded that the lawsuit was neither academic nor speculative.
“This court finds that the action filed by the plaintiff discloses a valid cause of action and cannot be dismissed as speculative or academic,” she ruled.
The court further emphasized that it has the inherent authority to interpret constitutional provisions whenever such an interpretation is requested.
“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,” Justice Adegoke continued.
In the aforementioned historic decision, the Supreme Court ruled that a governor’s term is determined by the constitutional calendar rather than by the individual circumstances surrounding their appointment.
“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,” Justice Adegoke reiterated.
Governor Aiyedatiwa’s political ascent to power was not at all simple in the past. Following the passing of his principal, Oluwarotimi Akeredolu, whose illness and protracted absence from office had already caused months of political unrest in the state, he took office for the first time in December 2024.
Although it was politically controversial, Aiyedatiwa’s promotion from deputy governor to governor was mandated by the constitution. He was referred to by many observers as a “accidental governor,” a term commonly used in Nigerian politics to characterize politicians who gain power through constitutional succession as opposed to electoral triumph.
But when he eventually obtained the All Progressives Congress ticket for the 2024 governorship race, the true political struggle started. He was chosen as the party’s nominee after a contentious primary process in which a number of contenders claimed irregularities and threatened to sue.
Even though the disagreements were ultimately settled, the issues left behind political fault lines that still influence the political climate of the state.
There are undoubtedly many judicial cases determining tenure limitations throughout Nigeria’s political history. The governors of Adamawa, Bayelsa, Kogi, and Sokoto contended that their terms should be extended because previous elections had been declared void, setting the precedent referenced by the Akure court in Marwa v. Nyako.
The Supreme Court dismissed the claim, stating that constitutional tenure is limited to eight years and starts with the initial oath of office. Tenure extension through technical interpretations was essentially eliminated by the ruling.
The Ondo case, according to political commentators, is perfectly within that legal tradition. The constitutional clock starts with the first oath of office if the Supreme Court’s reasoning from Marwa v. Nyako is rigorously followed. The Federal High Court seems to have relied on that concept, according to a constitutional lawyer in Akure.
Aiyedatiwa, meanwhile, has written off the decision as a diversion. The governor emphasized in a live TV interview that he had never stated he intended to run for office again.
In all honesty, I have never told anyone that I will run for office. This state is not ready for a governorship election. There is no schedule, and I have never shown a desire to run for government once more.
He went on to say that government, not political conjecture, is still his primary concern. “I’m not distracted in any way. I’ll keep working for the good people of Ondo State and make sure I fulfill my commitments.
Whether the matter ends at the Federal High Court remains uncertain, as the legal process allows appeals up to the Supreme Court of Nigeria.
Beyond the arguments in court, though, the debate reveals deeper political divisions inside the ruling party, and a number of political figures have publicly criticized the circumstances behind Aiyedatiwa’s rise to power.
One of them, Ondo Redemption co-chairman Mogbojuri Kayode, contended that the governor’s political ascent was contentious from the first. “After Akeredolu passed away, the current governor unintentionally took over as governor. The party ticket was delivered to him via the back door after he finished serving as his principal.
He claims that while previous legal disputes by other candidates were finally settled through political discussions inside the party hierarchy, the complaints never entirely went away.
Of course, there have always been fierce political rivalry in Ondo State. Strong personalities and ideological differences have frequently dominated state politics, from the days of the late Adekunle Ajasin and Olusegun Agagu to the stormy years under Olusegun Mimiko.
It seems that the Aiyedatiwa era is about to enter a similar stage. Ahead of upcoming election cycles, internal alliances inside the APC are already taking shape. Despite the governor’s apparent denial of any conflict with Hon. Olubunmi Tunji-Ojo, the Interior Minister, many analysts think the struggle for political power in the state is subtly getting more intense.
Many analysts believe that how Aiyedatiwa will spend his time in office is more crucial than whether or not he can run for office again. The governor’s present mandate still has years to go. Analysts contend that during such years, governance should take precedence over election-related speculation.
Ondo State in particular confronts many difficulties, including as inadequate infrastructure, young unemployment, and security issues in rural areas. In the end, resolving these problems may define Aiyedatiwa’s political legacy considerably more than discussions about the constitution.
In fact, political analysts frequently contend that leaders who prioritize achieving concrete development have a greater chance of influencing their states’ political futures.
The governor may also choose to concentrate on creating a solid political framework and preparing a successor. In Nigerian politics, political succession planning has always been a potent instrument. Effective succession managers frequently continue to have a lasting impact long after they leave office.
According to Aiyedatiwa, fostering a trustworthy successor inside his party could aid in maintaining political stability and averting the fierce factional conflicts that usually accompany changes in leadership.
Therefore, the ongoing constitutional argument in Ondo State is more than just a legal disagreement. It is an assessment of political maturity, leadership, and adherence to constitutional limits. The legal interpretation of tenure limits will ultimately be decided by the courts, but those in positions of authority bear political accountability.
The lesson from history, according to Governor Aiyedatiwa, is that political legacies are typically determined by what leaders achieve while in government rather than by how long they hold power. The Sunshine State is now waiting to see if the governor would use the current dispute as a chance to concentrate on governance and influence Ondo politics going forward.














