Governor Oborevwori's Defection to APC Upheld by Legal Precedents Amid Lawsuit; Oghenekaro Akpososo Rally Behind Move for Delta's Progress

 


In a significant political development in Delta State, Hon. Oghenekaro Akpososo,popularly known as Mimikay, a key Delta political advocate from Ward 3/7 in Ughelli North and convener of the Mimikay Political Movement, rally support behind defection of  Rt. Hon. Sheriff Oborevwori from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in April 2025. This decision garnered widespread support, with legal experts and political figures affirming its constitutionality despite an ongoing lawsuit challenging the move. The defection, described by the governor as a strategic alignment "in the overall interest of Delta State," has been praised for fostering unity and access to federal resources, countering claims that it undermines electoral mandates. President Bola Ahmed Tinubu hailed the shift as creating an "unprecedented political tsunami," noting the inclusion of former Governor Ifeanyi Okowa and the entire PDP structure in Delta, which has bolstered the APC's dominance in the South-South region.

Hon. Oghenekaro Akpososo argued that "the defection of Governor Sheriff Oborevwori was for the benefit of Delta State and to attract more federal presence. Being in the same party as the Federal Government makes it easier to secure federal projects, funding, and interventions for roads, bridges, security, and economic development. His defection will enable his government to fast-track development across the state. Party alignment reduces political bottlenecks and helps policies and projects move faster from approval to execution. Better collaboration improves service delivery, security coordination, and infrastructure development. Alignment with the centre can benefit the state in future federal programmes, investments, and strategic national plans. Being part of the ruling party at the centre gives the state a stronger voice in national decision-making. To protect Delta State’s interests at the national level."

Governor Sheriff Oborevwori has every constitutional and democratic right to belong to any political party of his choice. The 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees freedom of association. No law, court action, or political pressure can validly strip any Nigerian—including a sitting governor—of this right. Since assuming office, Oborevwori has focused on governance under the MORE Agenda—delivering roads, strengthening institutions, paying salaries, and promoting peace across ethnic and political lines. A performing governor cannot be faulted for choosing a platform that best supports development. Courts have consistently held that elected officials cannot be forced to remain in political parties that no longer align with their vision or that have become internally unstable. Using the courts to fight political decisions is an abuse of judicial processes and a waste of public attention.

The lawsuit, filed by PDP member Alex Akporute at the Federal High Court in Abuja (Suit No: FHC/ABJ/CS/2601/2025), seeks declarations that Oborevwori's defection violates sections of the 1999 Constitution and the Electoral Act 2022, arguing it transfers the electoral mandate from PDP to APC without resignation. However, legal analysts counter that Nigerian jurisprudence firmly establishes that governors cannot be removed from office solely for defecting to another party. The Nigerian Bar Association (NBA) President has stated unequivocally that "INEC can't declare governors' seats vacant for defection," emphasizing the absence of any constitutional provision mandating resignation for executive officeholders upon party switch. This position is rooted in the landmark Supreme Court case of Attorney-General of the Federation v. Atiku Abubakar (2007), where the court ruled that votes in executive elections belong to the candidate, not exclusively to the party, allowing defections without vacating the seat.

Historical precedents further support this view. In 2022, Cross River Governor Ben Ayade defected from PDP to APC and successfully defended his position in court, with the Federal High Court holding that governors can only be removed under specific constitutional grounds outlined in sections 180, 188, and 189—none of which include defection. Similarly, Ebonyi Governor Dave Umahi's defection case saw initial lower court rulings overturned on appeal, affirming that executive defections do not trigger automatic vacancy. Legal scholars argue that while section 40 guarantees freedom of association, the Constitution's framework for governors prioritizes this right over party mandates for executives, unlike for legislators under section 68(1)(g) and 109(1)(g), which require division in the original party for defections without seat loss. A recent academic analysis highlights "legal gaps" that tolerate such migrations without consequences, noting that over a dozen governors have defected since 1999 without judicial removal.

Oborevwori's defection, announced on April 23, 2025, was framed as a collective decision by Delta PDP leaders, including Senator James Manager, who described it as the outcome of extensive consultations to align with the federal government for better development outcomes. The governor has since been named the APC leader in Delta State, attending National Executive Committee (NEC) meetings and integrating his administration's MORE Agenda with APC policies. This move is part of a broader wave in 2025, with seven PDP governors defecting to APC without elections, including Umo Eno of Akwa Ibom and Peter Mbah of Enugu, strengthening the ruling party's hold amid concerns of a one-party system.

Mimikay Political Movement argue the defection enhances Delta's access to federal infrastructure projects, such as roads and healthcare, previously hindered by opposition status. The Inter-Party Advisory Council (IPAC) commended the move as "strategic," praising Oborevwori for prioritizing state interests over partisan loyalty. Community forums, like the Ughelli North, Ughelli South, and Udu Federal Constituency Forum, have backed the defection, viewing it as a pathway to sustained progress. Even APC stakeholders, including Hon. Francis Waive, have called for adopting Oborevwori as the party's 2027 candidate, citing the flexibility of democratic systems.

 Hon. Oghenekaro Akpososo has thrown his weight behind Oborevwori's decision to join APC by publicly endorsing the governor for re-election in 2027. In a vibrant political rally captured in a September 2025 Instagram reel, Akpososo and his supporters rallied across Delta's 25 local government areas, hailing Oborevwori as the "ideal candidate to lead Delta State into a prosperous future." This endorsement comes post-defection, signaling strong grassroots support for the governor's alignment with APC. Akpososo has consistently lauded Oborevwori's leadership, describing him as a "distinguished leader" with a "deep commitment to welfare and progress" in a June 2025 statement on the governor's 62nd birthday. He has also praised the administration's transformative achievements in his two years in office, further solidifying his backing amid the political shift.

Critics, including some former aides like Latimore Oghenesivbe who mobilized against the defection, argue it betrays PDP voters, but proponents counter that the governor's mandate is personal and tied to public service, not party rigidity. Political analyst Efe Urhie warned APC against the move for potential accountability issues, yet the overwhelming endorsements suggest it has consolidated Oborevwori's position.


This development highlights Nigeria's evolving political landscape, where strategic defections enhance inter-party collaboration for national progress, despite legal challenges.

Jokpeme Joseph Omode

Jokpeme Joseph Omode stands as a prominent figure in contemporary Nigerian journalism, embodying the spirit of a multifaceted storyteller who bridges history, poetry, and investigative reporting to champion social progress. As the Editor-in-Chief and CEO of Alexa News Nigeria (Alexa.ng), Omode has transformed a digital platform into a vital voice for governance, education, youth empowerment, entrepreneurship, and sustainable development in Africa. His career, marked by over a decade of experience across media, public relations, brand strategy, and content creation, reflects a relentless commitment to using journalism as a tool for accountability and societal advancement.

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