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Delta State Governor’s Defection Sparks Legal Controversy
The Peoples Democratic Party (PDP) finds itself embroiled in a new courtroom dispute following the recent defection of Delta State Governor, Sheriff Oborevwori, to the All Progressives Congress (APC). This political shift has prompted a PDP member to challenge the legality of the governor’s move, asserting that it contravenes constitutional provisions while he remains in office.
Details of the Legal Challenge
Alex Akporute, a PDP member representing Ward 3/7 in Ughelli North Local Government Area, initiated the lawsuit at the Federal High Court in Abuja. Through an originating summons filed on December 3, 2025, Akporute contests the legitimacy of Oborevwori’s defection from the PDP to the APC.
The defendants named in the suit include Governor Oborevwori as the primary defendant, alongside the PDP, APC, the Independent National Electoral Commission (INEC), and the Delta State Attorney-General. The case, registered as Suit No: FHC/ABJ/CS/2601/2025, has been assigned to Justice Omotosho, with all parties duly notified for a hearing scheduled on December 17, 2025.
Core Constitutional Questions Raised
At the heart of the lawsuit lies a pivotal constitutional inquiry: Can a sitting governor legitimately switch political parties and maintain the electoral mandate originally secured under a different party’s banner? Akporute contends that while the Constitution protects freedom of association, this right does not extend to transferring an electoral mandate obtained through the PDP to another party.
He emphasizes that the mandate rightfully belongs to the PDP, the platform on which Oborevwori was elected. The plaintiff further argues that such a defection disregards the electorate’s choice, potentially eroding democratic values and the sanctity of voters’ decisions.
Legal Grounds and Requested Remedies
Akporute asserts that Governor Oborevwori’s continued governance under the APC violates several provisions of the 1999 Constitution and the Electoral Act 2022. He insists that the governor lacks the authority to advance or implement policies aligned with the APC, given that his electoral victory was secured under the PDP.
The plaintiff seeks multiple declarations from the court, including:
- A ruling that the governor’s constitutional rights cannot supersede the electoral mandate granted to the PDP by Delta State voters.
- A declaration that any executive actions taken by Oborevwori on behalf of the APC are unconstitutional and void.
- An injunction preventing the APC from claiming to be the ruling party in Delta State while Oborevwori remains governor.
- Nullification of Oborevwori’s APC membership on the basis that his defection breaches constitutional and electoral laws.
Interpretation of Freedom of Association in Context
Central to the plaintiff’s argument is the interpretation of Section 40 of the Nigerian Constitution, which guarantees freedom of association. Akporute argues this freedom is applicable to Oborevwori only after he resigns or completes his tenure on May 29, 2027, not while he holds office.
Distinguishing This Case from Previous Defection Lawsuits
This legal action diverges from earlier cases involving governors who defected. Unlike prior suits that sought to compel governors to vacate their offices, this case focuses on limiting the political and administrative consequences of defection during a governor’s term.
Governor Oborevwori has been visibly active within APC circles, attending key party meetings and engaging in high-level discussions, which has intensified the urgency and relevance of this legal challenge.
Broader Implications for Nigerian Democracy
This lawsuit highlights ongoing debates about party loyalty, electoral mandates, and democratic integrity in Nigeria. According to recent data from the Independent National Electoral Commission (INEC), party defections by elected officials have increased by 15% over the past two years, raising concerns about political stability and voter trust nationwide.
Similar cases in other states, such as the 2024 defection dispute in Ekiti State, have underscored the complexities of balancing individual rights with collective electoral mandates, making this case a potential landmark for future jurisprudence.
