A legal battle has started in Abuja after a member of the Peoples Democratic Party challenged the defection of Delta State Governor, Sheriff Oborevwori, from the PDP to the All Progressives Congress. The case was filed in December 2025 at the Federal High Court, Abuja, by Alex Akporute, a PDP member from Ughelli North Local Government Area of Delta State. The suit questions whether the governor can switch parties while still holding office and continue to exercise power based on a mandate won under another party.
Akporute listed Oborevwori as the first defendant, alongside the PDP, APC, the Independent National Electoral Commission, and the Delta State Attorney-General. Court documents show that the case, filed on December 3, has been assigned to Justice Omotosho, with all parties already served.
The plaintiff is asking the court to interpret key parts of the Constitution, especially on whether a sitting governor can defect and still retain the mandate secured through the platform of his former party. He argues that while the Constitution allows freedom of association, it does not allow an elected official to transfer the mandate given by voters from one party to another.
According to Akporute, the governorship mandate belongs to the PDP, not to the individual, since voters elected Oborevwori based on the party’s platform. He claims that remaining in office after defecting weakens the choice made by voters and damages democratic principles.
The suit also argues that Oborevwori’s continued stay in office while aligning with the APC goes against provisions of the 1999 Constitution and the Electoral Act 2022. The plaintiff maintains that the governor cannot lawfully promote or carry out APC policies, having not been elected under that party.
Among the requests before the court is a declaration that Oborevwori’s actions under the APC while serving as governor are unlawful. The plaintiff also seeks an order stopping the APC from presenting itself as the ruling party in Delta State for as long as Oborevwori remains in office. Another request asks the court to invalidate the governor’s membership of the APC during his tenure.
Akporute further argues that Oborevwori can only exercise his right to freely associate with another political party after resigning from office or after the end of his tenure in May 2027. Unlike past cases involving defecting governors, the suit does not ask the court to remove Oborevwori from office. Instead, it seeks to limit the political and executive effects of his defection.
The court action follows reports that the Delta governor has been attending and taking part in APC meetings since his defection, a move that has continued to stir debate within the state and across the country.
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