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 from Delta State has petitioned the Federal High Court in Abuja to declare the governor’s defection unlawful while he is still in office.
Alex Akporute, a PDP member from Ward 3/7 in the state’s Ughelli North Local Government Area, started the lawsuit.
Akporute challenged the validity of Oborevwori’s move from the PDP to the APC by filing the lawsuit through an originating summons.
Along with the PDP, APC, Independent National Electoral Commission (INEC), and the Attorney General of Delta State, the governor is named as the first defendant in the lawsuit.
On December 3, 2025, the case was filed under the Suit No. FHC/ABJ/CS/2601/2025. Hearing notices were sent to all parties on December 17, 2025, according to court documents.
Justice Omotosho of the Federal High Court, Abuja Division, has been given the case.
The plaintiff is requesting that the court rule on four important constitutional issues, most notably whether a sitting governor can switch political parties while maintaining the mandate obtained through his previous party’s platform.
Although freedom of association is guaranteed by the Constitution, Akporute contends that this right does not extend to the transfer of an election mandate from one political party to another.
He insists that the PDP, which Oborevwori ran for and won the governorship, has the mandate.
He further argues that the governor’s defection weakens the will of the Delta State electorate, cautioning that allowing such behaviour without repercussions undermines democratic principles and the primacy of popular vote.
The plaintiff claims that Oborevwori’s continued holding of office while supporting the APC is against both the Electoral Act of 2022 and the 1999 Constitution.
He maintains that since the governor was not elected on an APC platform, he cannot legitimately advocate for or carry out APC programs.
A ruling that the governor’s constitutional powers cannot be used in a way that contradicts the electoral mandate granted to the PDP by Delta people is one of the reliefs requested.
Additionally, Akporute wants the court to declare that Oborevwori’s executive actions on the APC platform are invalid and unconstitutional.
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.
Furthermore, the plaintiff is requesting that the court invalidate the governor’s APC membership on the grounds that his defection violates electoral and constitutional laws.
In a significant point, Akporute argues that Oborevwori can only use his right to freedom of association under Section 40 of the Constitution following his resignation or the end of his term on May 29, 2027.
The lawsuit does not attempt to force Oborevwori to resign, in contrast to previous cases involving defecting governors.
Rather, it seeks to minimise the executive and political ramifications of his defection while he is still in office.
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