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A member of the Peoples Democratic Party (PDP) from Ward 3/7, Ughelli North Local Government Area of Delta State, Mr. Alex Akporute, has approached the Federal High Court, Abuja, challenging the defection of Governor Sheriff Oborevwori from the PDP to the All Progressives Congress (APC).

In the originating summons, Akporute listed Governor Oborevwori as the 1st Defendant; the Peoples Democratic Party (PDP) as 2nd Defendant; the All Progressives Congress (APC) as 3rd Defendant; the Independent National Electoral Commission (INEC) as 4th Defendant; and the Attorney-General of Delta State as 5th Defendant.

The suit, marked FHC/ABJ/CS/2601/2025, was filed on December 3, 2025 by Christian Nduka, Esq., of Chris & Lawticus, and was served on the Governor and the other defendants on December 17, 2025. The matter has been assigned to Justice Omotosho of the Federal High Court, Abuja Division.

The plaintiff raised four constitutional issues for determination and is seeking 14 reliefs and declarations, principally against Governor Oborevwori and the APC.

Central to the suit is the interpretation of Section 40 of the 1999 Constitution (as amended), which guarantees freedom of association. Akporute contends that while the provision allows for defection, it does not confer a right to transfer an electoral mandate to another political party after an election. He argues that any such interpretation would undermine the supremacy of the electorate’s votes and the mandate vested in the PDP under which the governor was elected.

Among the questions posed for determination are whether the Governor’s personal right to freedom of association can lawfully be exercised to transfer the governorship mandate from the PDP to the APC while he remains in office, and whether such a move breaches the principles of democracy and social justice enshrined in Sections 1, 14, 17 and 45 of the Constitution.

The plaintiff also seeks the court’s interpretation of relevant constitutional and electoral provisions to determine whether the governorship mandate in Delta State remains jointly vested in Governor Oborevwori and the PDP, thereby preventing the Governor—despite any post-election defection—from lawfully implementing or advancing the policies of the APC, a party that did not win the election.

Among the key reliefs sought is a declaration that the exercise of constitutional rights, including freedom of association, cannot be carried out in a manner that contradicts the electoral mandate of the political party chosen by the majority of voters. The plaintiff further asks the court to declare that any attempt by the Governor to exercise executive authority or implement the APC’s manifesto while in office is unconstitutional, null and void.

Akporute also argues that Section 40 of the Constitution can only validly apply to the Governor after resigning from office or upon the expiration of his tenure on May 29, 2027.

In addition, the plaintiff is seeking an order restraining the APC from parading itself as the party in power in Delta State, as well as a declaration that Governor Oborevwori’s purported defection and continued membership of the APC while in office are unconstitutional and of no legal effect, having allegedly violated both the Electoral Act 2022 and the Constitution.

Unlike earlier suits against defecting governors, which primarily sought orders compelling them to vacate office, this action focuses on the validity of exercising executive authority and party affiliation while retaining the electoral mandate. The suit comes at a time when Governor Oborevwori is openly participating in APC activities, including attendance at the party’s National Executive Committee meetings.