A new legal challenge has emerged in Nigeria’s political landscape, as a member of the Peoples Democratic Party (PDP) has filed a lawsuit against Delta State Governor, Sheriff Oborevwori, over his recent defection to the All Progressives Congress (APC). The suit, filed by Alex Akporute, a PDP member from Ughelli North Local Government Area, seeks a declaration that the governor’s defection is unconstitutional while he continues to hold office.

The lawsuit, which was instituted at the Federal High Court in Abuja, challenges the legality of Oborevwori’s switch from the PDP to the APC. The governor is listed as the first defendant, alongside the PDP, APC, Independent National Electoral Commission (INEC), and the Attorney-General of Delta State. The case, marked Suit No: FHC/ABJ/CS/2601/2025, was filed on December 3, 2025, and all parties were served with hearing notices on December 17, 2025.

At the heart of the lawsuit are four key constitutional questions, including whether a sitting governor can defect to another political party and still retain the mandate secured on the platform of his former party. Akporute argues that the Constitution guarantees freedom of association, but this right does not extend to transferring an electoral mandate from one party to another. He maintains that the mandate belongs to the PDP, under which Oborevwori contested and won the governorship election.

The plaintiff contends that the governor’s defection undermines the will of the electorate in Delta State and erodes democratic values. He also argues that Oborevwori’s continued occupation of office while aligning with the APC violates provisions of the 1999 Constitution and the Electoral Act 2022. Among the reliefs sought is a declaration that the governor’s constitutional rights must not be exercised in a manner that conflicts with the electoral mandate given to the PDP by Delta voters.

The lawsuit seeks to limit the political and executive implications of Oborevwori’s defection while he remains in office, rather than compelling him to vacate his position. This approach sets it apart from earlier cases involving defecting governors. The legal challenge comes amid reports that Governor Oborevwori has been actively participating in APC activities, including attendance at top-level party meetings. The case has been assigned to Justice Omotosho of the Federal High Court, Abuja Division, and its outcome is likely to have significant implications for Nigeria’s political landscape.