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GOVR AIYEDATIWA ELIGIBILITY FOR ANOTHER TERM:


"legal scholars must resist absolutist interpretations"


Shola Elekan










PUBLIC BRIEF: CLARIFYING GOVERNOR LUCKY AYEDATIWA'S ELIGIBILITY FOR ANOTHER TERM


Hon. Lucky Orimisan Aiyedatiwa


In recent days, public discourse has intensified around the eligibility of His Excellency, Governor Lucky Orimisan Aiyedatiwa, to contest for another term as Governor of Ondo State. Some legal commentators have cited Section 182(3) of the 1999 Constitution (as amended by Act No. 10 of 2018), which provides:


"A person who was sworn-in as Governor to complete the term for which another person was elected as Governor shall not be elected to such office for more than a single term."


While this provision appears straightforward, it requires deeper constitutional, legal, and contextual analysis.


Governor Aiyedatiwa was elected as Deputy Governor in 2020. Upon the death of Governor Rotimi Akeredolu in 2023, he constitutionally succeeded to the governorship under Section 191(1) of the Constitution. In 2024, he contested and won the gubernatorial election, marking his first and only elected term as Governor.


Critics argue that Section 182(3) bars him from seeking another term. However, they overlook key elements:


Definition of a Term: The Nigerian Constitution does not specify a time threshold to determine whether a partial term (such as succession for less than 2 years) counts as a full term. In contrast, the U.S. 22nd Amendment sets a clear two-year rule. Since Aiyedatiwa's succession lasted less than two years, the intention behind Section 182(3) arguably does not apply to his case.


Absence of Judicial Interpretation: Section 182(3) remains judicially untested in a scenario like Aiyedatiwa's. Until a court of competent jurisdiction interprets it, legal scholars must resist absolutist interpretations.


Supreme Court Doctrine on Constitutional Supremacy: In AG Abia v. AG Federation (2002) and Marwa v. Nyako (2012), the court reaffirmed that ambiguities in the Constitution must not be interpreted to disenfranchise citizens without clear language.


Democratic Intent: Succession is not an elective mandate. The Constitution clearly distinguishes between assumption of office and election. Aiyedatiwa has only been elected Governor once.


Comparative Constitutional Insight: In Ghana and the U.S., vice-presidential succession followed by one or two electoral victories is permitted, subject to clear time constraints. Nigeria's framework is less restrictive.


Conclusion:

Governor Aiyedatiwa's succession in 2023 was constitutional. His election in 2024 was his first. No provision of the Constitution or Electoral Act 2022 invalidates his eligibility to seek one more term. Legal arguments to the contrary remain speculative until judicially settled. Until then, any claim that he is barred from contesting is premature, and potentially misleading to the electorate.


Let the law—and the people—decide.


Shola Elekan

Data Analyst and Legal Policy Commentator 

Comments

Anonymous said…
This how you people come online and started posting rubbish, someone God spared his life and he finished his boss term and just started another 4 years after being a deputy Governor for 4 years yet you want him to come and contest again in year 2028. May God forgive you people.
May 18, 2025 at 4:39 AM
Anonymous said…
President Goodluck Ebele Jonathan is a clear example. When President Yaradua died, Jonathan completed the term. He contested and won in 2011 he again recontested in 2015and lost to President Muhammadu Buhari.
May 24, 2025 at 2:39 PM
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