Member of the Peoples Democratic Party (PDP), Ward 3/7, Ughelli North local government area, Delta state, Hon. Alex Akporute, has instituted an originating summons against the Delta State Governor, Rt. Hon. Sheriff Oborevwori, as 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 plaintiff, in the originating summons with Suit No: FHC/ABJ/CS/2601/2025, filed by Barr. Christian Nduka Esq. of Chris & Lawticus on 3 December 2025, and served together with the hearing notice on Rt. Hon. Sheriff Oborevwori and the other defendants on 17 December 2025, has had the matter assigned to Honourable Justice Omotosho of the Federal High Court, Abuja Division.
The plaintiff formulated four issues for determination and seeks fourteen reliefs/declarations against the defendants, particularly Rt. Hon. Sheriff Oborevwori and the All Progressives Congress (APC).
Among the issues for determination are; Whether Section 40 of the Constitution, which guarantees the right to freedom of association, including the freedom to defect, but does not include the right to transfer an electoral mandate to another political party, ought to be interpreted to permit the 1st Defendant to defect in a manner that undermines the supremacy of the people’s votes and the electoral mandate vested in the party (PDP) under which he was elected, in the light of Sections 1(1), 14(1), 14(2)(c), 17(1), 17(2)(a), and 45 (1) (a)–(b) of the 1999 Constitution (as amended).
The suit further reads in parts, “Whether the exercise of the 1st Defendant’s personal right to freedom of association under Section 40 of the 1999 Constitution can lawfully be used to transfer the electoral mandate from the 2nd Defendant (PDP) to the 3rd Defendant (APC) while holding office as Governor of Delta State.
“Whether, in the circumstances, the supremacy of the electorate’s mandate and the principles of democracy and social justice enshrined in Sections 1(1), 14(1), 14(2)(c), 17(1), 17(2)(a), and 45(1)(a)–(b) and other relevant provisions of the 1999 Constitution are not breached by the 1st Defendant’s purported defection from the 2nd Defendant (PDP) to the 3rd Defendant (APC).
“Whether, pursuant to Sections 177, 179, 180, 221, and 285 of the Constitution, and Sections 29, 30, 31, 82, 84, 134, and 138 of the Electoral Act 2022, the electoral mandate for the Delta State Governorship remains legally and constitutionally vested in the 1st Defendant jointly with the 2nd Defendant (PDP), thereby preventing 1st Defendant – notwithstanding any post-election defection from lawfully implementing or advancing the policies of the 3rd Defendant (APC), a party that did not win the governorship election.
Among the reliefs sought is the following: “A DECLARATION that the exercise of the 1st Defendant’s constitutional rights, including the right to freedom of association under Section 40 of the Constitution, cannot lawfully be exercised in contravention of other constitutional and statutory provisions, including the electoral mandate vested in the political party (the 2nd Defendant) and the constitutionally recognised majority choice of voters (including the Plaintiff, who is a registered member of the 2nd Defendant and a voter) in Delta State, pursuant to Sections 29, 30, 31, 82, 84, 134, and 138 of the Electoral Act 2022, and Sections 1(1) and (2), 14(1) and (2)(c), 45(1), 177, 179, 180, 221, and 285 of the 1999 Constitution (as amended).
“That any attempt by the 1st Defendant to exercise executive authority under the platform of the 3rd Defendant (APC), or to implement the manifesto of the 3rd Defendant a party lacking the electoral mandate in Delta State is unconstitutional, null, and of no legal effect.
“Section 40 of the Constitution can only lawfully apply to the 1st Defendant after resigning from the electoral mandate (the office of Governor of Delta State) or upon the expiration of his tenure by effluxion of time on 29 May 2027.”
The plaintiff is also seeking an order restraining the APC from parading itself as the government in power in Delta State, as well as an order declaring the purported defection of Sheriff Oborevwori and his membership of the APC unconstitutional, null and void on the grounds that his association with the APC while still in office contravened the provisions of the Electoral Act 2022 and the Constitution of the Federal Republic of Nigeria.
This case appears to be different in terms of the declarations, reliefs, and orders sought from those in previous suits filed against governors who defected from one party to another in the past, in which the plaintiffs sought an order directing the governor to vacate his office. The present action arises at a time when Sheriff Oborevwori is fully participating in APC activities, including attendance at NEC meetings.
