Political turbulence gripped Nigeria on Thursday as two major developments reshaped the landscape ahead of the 2028 elections. The Federal High Court in Akure, Ondo State, ruled that Governor Lucky Aiyedatiwa is ineligible to contest for a second term, while the Nigerian Senate warned that Enyinnaya Abaribe, senator representing Abia South, could lose his seat if he does not reconsider his resignation from the All Progressives Grand Alliance (APGA).
Aiyedatiwa barred from seeking re-election
The case against Aiyedatiwa was filed by Akin Egbuwalo, a chieftain of the All Progressives Congress (APC) in Ondo State, who sought judicial interpretation of Section 137(3) of the Constitution regarding the eligibility of Aiyedatiwa and his deputy, Olayide Adelami, to run for another term. The defendants included INEC, the Attorney-General of the Federation and Minister of Justice, Aiyedatiwa, Adelami, and the APC.
Justice Toyin Adegoke held that because Aiyedatiwa was sworn in on December 27, 2023, to complete the tenure of the late Governor Rotimi Akeredolu, and later inaugurated on February 24, 2025, after winning the November 16, 2024, governorship election, he is barred from running for another term.
“The 1999 Constitution (as amended) does not permit any elected president, vice-president, governor, or deputy governor to serve beyond eight years. Allowing the third defendant to contest would directly contravene the Supreme Court’s ruling in Marwa v. Nyako,” Justice Adegoke ruled, granting all reliefs sought by the plaintiff.
The judge also dismissed submissions by the third to fifth defendants as abandoned, noting their failure to participate in the proceedings, and emphasized that the suit was neither speculative nor academic, affirming the court’s jurisdiction to interpret constitutional provisions.
Earlier, the Court of Appeal in Abuja had dismissed Aiyedatiwa’s appeal against an earlier Federal High Court ruling on his eligibility, with Justice Uchechukwu Onyemenam and a three-member panel holding that the trial court properly allowed the plaintiff to amend his originating summons. The panel ruled that Aiyedatiwa had failed to prove that the amendment caused a miscarriage of justice or denied him a fair hearing.
With the ruling, Aiyedatiwa’s path to a second term is effectively blocked, creating uncertainty and opening up a fresh contest for the Ondo governorship in 2028.
Senate threatens Abaribe’s seat over ADC defection
On the same day, the Nigerian Senate warned that Enyinnaya Abaribe could lose his seat if he does not reconsider his resignation from APGA. Abaribe, a senior opposition voice in the chamber, announced his resignation in a letter read by Senate President Godswill Akpabio, citing an irreconcilable leadership crisis in his former party as the reason for his defection to the African Democratic Congress (ADC), a platform adopted by several opposition leaders ahead of the 2027 elections.
Deputy Senate President Barau Jibrin and Senate Leader Opeyemi Bamidele challenged the defection, arguing that there was no division within APGA’s leadership. Jibrin cited Section 68(1)(g) of the Constitution, which requires a National Assembly member who leaves the party that sponsored their election to vacate their seat unless there is a division within the party. He also referenced Order 20(j) of the Senate Standing Orders, which empowers the Senate President to interpret rules and take final decisions.
Senator representing Edo North, Adams Oshiomhole, added that party leaders should resolve internal disputes rather than abandoning their parties during crises. Bamidele also warned that Abaribe might have violated Section 65 of the Constitution, which mandates that National Assembly members belong to a political party, urging Akpabio to allow the senator to withdraw his resignation before the chamber takes action.
Abaribe responded that he resigned because he had already been expelled from APGA in September 2025, insisting he was no longer a member of the party. Akpabio directed him to submit a copy of his expulsion letter within a week for the Senate’s consideration but gave him time to reconsider withdrawing his resignation. “We’ll give you until our next sitting to reconsider, or the chamber will take a position,” he said.
First elected to the Senate in 2007, Abaribe has been re-elected multiple times, making him one of the chamber’s most experienced lawmakers. He previously served as deputy governor of Abia State from 1999 to 2003 under Orji Kalu, now also a senator, and has built a reputation as a vocal opposition politician addressing governance, democracy, and South-east rights. He gained national attention in 2017 when he stood as surety for Indigenous People of Biafra leader Nnamdi Kanu during a treason trial, later withdrawing after Kanu disappeared from Nigeria.
Thursday’s twin developments — the court ruling against Aiyedatiwa and the Senate’s warning to Abaribe — underscore the intense legal and political maneuvering shaping Nigeria’s political scene ahead of upcoming elections.
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