Ondo Politics: The Constitutional Fate of Governor Aiyedatiwa - Otunba Femi Balogun

There have been persistent controversies and growing public debates surrounding the constitutional eligibility of the incumbent Governor of Ondo State, His Excellency Lucky Orimisan Aiyedatiwa, to seek re-election beyond his current tenure. While political arguments and partisan interpretations continue to dominate public discourse, the issue ultimately demands a calm, fact-driven examination anchored strictly on the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Governor Aiyedatiwa was elected as Deputy Governor of Ondo State in the 2020 governorship election alongside his principal, late Arakurin Oluwarotimi Akeredolu, SAN. Following the unfortunate death of Governor Akeredolu on 27th December 2023, Governor Aiyedatiwa was constitutionally sworn in as Governor, in accordance with Section 191(1) of the Constitution, which provides for the automatic assumption of office by a Deputy Governor in the event of death, resignation, or removal of a sitting Governor.

This assumption of office was not discretionary or political; it was a direct and mandatory constitutional consequence. From that moment, Governor Aiyedatiwa became the substantive Governor and proceeded to complete the remainder of his principal’s tenure.

Subsequently, Governor Aiyedatiwa contested the Ondo State governorship election held in November 2024, emerged victorious, and was sworn in again in February 2025, marking the commencement of a fresh tenure obtained through election. By constitutional reckoning, this elected tenure is scheduled to expire in February 2029.

The constitutional implications of this sequence of events are clear and far-reaching.

The Fourth Alteration to the Constitution (Act No. 16 of 2017) introduced a critical safeguard under Section 182(3) to address the issue of succession and term limits. This provision expressly states that where a Deputy Governor assumes office and completes the tenure of a Governor who vacates office due to death, resignation, or impeachment, such a person shall be deemed to have served a term and shall be eligible to contest the office only once more.

This amendment was deliberately enacted to prevent the indirect extension of executive tenure through a combination of succession and election, thereby preserving the constitutional intention that no individual should occupy the office of Governor beyond the equivalent of two terms.

Further reinforcing this position is Section 182(1)(b) of the Constitution, which disqualifies any person from contesting the office of Governor if he has been elected to that office at two previous elections. When Sections 182(1)(b) and 182(3) are read together, the constitutional intent becomes unmistakable: a person may not lawfully hold the office of Governor for more than two tenures, whether by succession, election, or a combination of both.

Applying these provisions to the Ondo State scenario, Governor Aiyedatiwa’s swearing-in on 19th December 2023 constitutes a term served by succession. His victory at the November 2024 governorship election and subsequent swearing-in in February 2025 represents the single additional elective tenure permitted under the Constitution. That tenure is currently running and will end in February 2029.

With this second tenure in progress, the constitutional ceiling has been reached. Any attempt to seek re-election beyond the expiration of this tenure would amount to a direct violation of Sections 182(1)(b) and 182(3) of the Constitution.

This conclusion does not depend on political negotiations, judicial activism, or endorsement from any external authority. The Constitution is supreme and self-executing, as affirmed under Section 1(1) of the Constitution, and its provisions take effect automatically once the relevant facts are established.

In conclusion, based on an objective reading of the Constitution and the undisputed sequence of events in Ondo State, Governor Lucky Orimisan Aiyedatiwa cannot constitutionally recontest for the office of Governor after the expiration of his current tenure in February 2029. The issue is not one of sentiment or speculation but of constitutional command.

In a constitutional democracy, power is limited by law, not by convenience. Where the Constitution draws the line, leadership must respect it.

Otunba Femi Balogun,

Director The Spotlight.