The Peoples Democratic Party (PDP) has been drawn into a new legal dispute following the defection of Delta State Governor, Sheriff Oborevwori, to the All Progressives Congress (APC).
A PDP member in Delta State has approached the Federal High Court in Abuja, seeking a declaration that the governor’s defection is unconstitutional while he continues to hold office.
The suit was instituted by Alex Akporute, a PDP member from Ward 3/7 in Ughelli North Local Government Area of the state.
Akporute filed the action through an originating summons, challenging the legality of Oborevwori’s switch from the PDP to the APC.
In the suit, the governor is listed as the first defendant, alongside the PDP, APC, Independent National Electoral Commission (INEC), and the Attorney-General of Delta State.
The case, marked Suit No: FHC/ABJ/CS/2601/2025, was filed on December 3, 2025. Court records indicate that all parties were served with hearing notices on December 17, 2025.
The matter has been assigned to Justice Omotosho of the Federal High Court, Abuja Division.
The plaintiff is urging the court to resolve four key constitutional questions, particularly whether a sitting governor can defect to another political party and still retain the mandate secured on the platform of his former party.
Akporute argues that although the Constitution guarantees freedom of association, such a right does not include transferring an electoral mandate from one political party to another.
He maintains that the mandate belongs to the PDP, under which Oborevwori contested and won the governorship election.
He further contends that the governor’s defection undermines the will of the electorate in Delta State, warning that permitting such actions without consequences erodes democratic values and the supremacy of the people’s votes.
According to the plaintiff, Oborevwori’s continued occupation of office while aligning with the APC violates provisions of the 1999 Constitution and the Electoral Act 2022.
He insists that the governor cannot lawfully promote or implement APC policies, having not been elected on that platform.
Among the reliefs sought is a declaration that the governor’s constitutional rights must not be exercised in a manner that conflicts with the electoral mandate given to the PDP by Delta voters.
Akporute also wants the court to rule that any executive action taken by Oborevwori on the platform of the APC is unconstitutional and void.
The suit further seeks an order restraining the APC from presenting itself as the ruling party in Delta State for as long as Oborevwori remains governor.
In addition, the plaintiff is asking the court to invalidate the governor’s membership of the APC, arguing that his defection breaches both constitutional and electoral laws.
In a major argument, Akporute submits that the right to freedom of association under Section 40 of the Constitution can only be exercised by Oborevwori after he resigns from office or upon the expiration of his tenure on May 29, 2027.
Unlike earlier cases involving defecting governors, the suit does not seek to compel Oborevwori to vacate office.
Instead, it aims to limit the political and executive implications of his defection while he remains in office.
The legal challenge comes amid reports that Governor Oborevwori has been actively participating in APC activities, including attendance at top-level party meetings.
