As the 2027 Ondo governorship election approaches, a constitutional debate has emerged regarding Governor Lucky Aiyedatiwa’s eligibility to seek another term.
Supporters and opponents have presented conflicting legal interpretations of the 1999 Constitution and Electoral Act 2022.
Barrister Shola Elekan, a pro-Aiyedatiwa legal expert, argues the governor remains eligible for another term. He outlined the governor’s political trajectory: “Governor Aiyedatiwa was elected as Deputy Governor in 2020 alongside the late Governor Rotimi Akeredolu, SAN. He succeeded as Governor in 2023 upon Akeredolu’s death, by operation of Section 191(1) of the 1999 Constitution.”
Elekan emphasized that constitutional succession doesn’t count toward term limits: “This form of ascension is automatic and constitutional, not electoral, and therefore does not trigger the two-term limit.” He cited Section 182(1)(b) which states: “No person shall be qualified for election to the office of Governor of a State if he has been elected to such office at any two previous elections.”
The lawyer presented several legal arguments supporting his position:
1. Deputy governorship elections don’t count toward the gubernatorial term limit
2. Constitutional succession under Section 191(1) isn’t considered an election
3. The 2024 election was Aiyedatiwa’s first elected term as governor
4. The Electoral Act cannot override constitutional provisions
Elekan referenced judicial precedents including Attorney General of Abia State v. Attorney General of the Federation (2002) and INEC v. Musa (2003), as well as the Goodluck Jonathan precedent from 2015. He concluded: “Governor Lucky Aiyedatiwa is constitutionally, legally, and electorally eligible to contest for another term in office.”
However, Barrister Wale Legbon Odusola strongly disagrees, citing Section 182(3) inserted in 2018: “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.” Odusola dismissed Elekan’s arguments as distractions, urging the governor to focus on governance.
Public analyst Asiwaju Ayowole Ademoyegun of Dynamics of Good Governance called the second-term campaign premature: “With a new mandate barely three months old, the focus should be on addressing the state’s pressing needs.” He advised the governor to emulate former Governor Adekunle Ajasin’s development-focused leadership.