A registered member of the Peoples Democratic Party (PDP) from Ward 3/7 in Ughelli North Local Government Area of Delta State, Alex Akporute, has filed a lawsuit at the Federal High Court in Abuja contesting the defection of Governor Rt. Hon. Sheriff Oborevwori to the All Progressives Congress (APC). The suit, instituted via an originating summons, names Governor Oborevwori as the 1st defendant, the PDP as the 2nd defendant, the APC as the 3rd defendant, the Independent National Electoral Commission (INEC) as the 4th defendant, and the Attorney-General of Delta State as the 5th defendant.
The case, bearing Suit No: FHC/ABJ/CS/2601/2025, was filed on December 3, 2025, by Christian Nduka Esq. of Chris & Lawticus Chambers on behalf of the plaintiff. Court documents confirm that hearing notices, along with the originating summons, were served on all defendants on December 17, 2025. The matter has been assigned to Honourable Justice Omotosho of the Federal High Court, Abuja Division.
In the suit, Akporute has posed four key issues for judicial determination, centering on the interpretation of constitutional provisions regarding political defections by executive officeholders. One primary question is whether Section 40 of the 1999 Constitution (as amended), which guarantees freedom of association including the right to defect, permits a sitting governor to switch parties in a way that effectively transfers the electoral mandate from the sponsoring party (PDP) to another (APC), potentially undermining the supremacy of voters' choices as enshrined in Sections 1(1), 14(1), 14(2)(c), 17(1), 17(2)(a), and 45(1)(a)–(b).
The plaintiff further queries whether the governor's exercise of his personal right to freedom of association under Section 40 can lawfully result in transferring the governorship mandate won under the PDP platform while still in office. Another issue raised is whether such a defection breaches principles of democracy, social justice, and electoral supremacy outlined in the cited constitutional sections.
Additionally, the suit asks whether, under Sections 177, 179, 180, 221, and 285 of the Constitution, alongside relevant provisions of the Electoral Act 2022 (including Sections 29, 30, 31, 82, 84, 134, and 138), the Delta State governorship mandate remains vested jointly in the governor and the PDP, thereby prohibiting him from implementing or advancing APC policies post-defection, as the APC did not win the election.
Akporute seeks 14 declarations and reliefs, including a declaration that the governor's right to freedom of association cannot override the electoral mandate vested in the PDP and the voters' majority choice. He argues that any attempt by Oborevwori to exercise executive authority on the APC platform or implement its manifesto would be unconstitutional, null, and void.
A notable relief demands that Section 40's application to the governor be restricted until he resigns from office or his tenure expires on May 29, 2027. The plaintiff also seeks an injunction restraining the APC from parading itself as the government in power in Delta State and a declaration that Oborevwori's defection and APC membership are unconstitutional, null, and void, violating the Electoral Act 2022 and the 1999 Constitution.
This lawsuit distinguishes itself from prior cases against defecting governors, where plaintiffs typically sought orders for the governor to vacate office. Here, the focus is on limiting the political and policy implications of the defection without directly demanding removal from office. The action emerges amid reports of Governor Oborevwori's active participation in APC activities, including attendance at National Executive Committee (NEC) meetings following his April 2025 defection.
The defection itself occurred on April 23, 2025, when Oborevwori, alongside former Governor Ifeanyi Okowa and much of the PDP structure in Delta, switched to the APC, citing alignment with federal interests for state development. This move consolidated APC's influence in the South-South but drew criticism from PDP loyalists for allegedly betraying voter mandates.
Legal experts note that Nigerian courts have historically upheld executive defections without mandating seat vacancy, unlike for legislators under Sections 68 and 109 of the Constitution. Precedents, such as those involving governors like Dave Umahi and Ben Ayade, suggest challenges to executive defections rarely succeed in forcing resignation. However, this suit's novel approach—seeking to bar APC policy implementation and party leadership claims—could test uncharted interpretive grounds.
As the case awaits hearing, it highlights ongoing tensions in Nigeria's political landscape over defections, party loyalty, and constitutional rights. PDP national leadership had earlier threatened legal action against the mass defection but did not directly file; this suit by a grassroots member represents a fresh challenge. Delta residents and political observers await the court's interpretation, which could influence future defections nationwide.
