PDP vs Oborevwori: Legal Battle Brewing Over Defection

The Peoples Democratic Party (PDP) has asked that Delta State Governor Sheriff Oborevwori leave his seat after defecting to the All Progressives Congress (APC).

Umar Damagun, the PDP's Acting National Chairman, made the statement on Tuesday while speaking to press at the party's national secretariat in Abuja following a closed-door National Working Committee meeting.

Mr Damagum stated that the party has instructed its national legal adviser to commence procedures to reclaim what it views as the party's stolen mandate in accordance with the Electoral Act.

"We have also instructed the national legal adviser to regain our mandate, which they have taken away. The fate of this party cannot be placed entirely in the hands of our adversaries. So, we will take legal action to retrieve those mandates in line with the Electoral Act that says whenever you leave you must leave the chair that you have occupied. So, we are still going to do that,” he said.

Contrary to the PDP's argument, the Nigerian constitution does not force governors or their deputies to resign upon defection.

Legal experts and previous court rulings confirm that only politicians, namely members of the National Assembly and State Houses of Assembly, are required to relinquish their seats upon defection, unless there is an internal party crisis.

Sections 68(1)(g) and 109(1)(g) of the constitution control such provisions, however they do not apply to presidents, vice presidents, governors, or deputy governors.

This legal position was reiterated by the Supreme Court's decision in Atiku Abubakar v. Attorney-General of the Federation (2007), which supported the right of elected executive office holders to defect without losing their seats.

Mr Damagum further stated that the NWC is united and functional.

"I also want to caution that party loyalists should remain loyal to the party, as you can see from our NWC, which is free of crisis. "The party is intact and will continue to exist," he said.

The acting national chairman declared that the party will soon hold a national convention to nominate a new set of national officials.

"We will shortly have a convention to elect a new executive. So, I want to state unambiguously that the PDP is and will be one indivisible party," he stated.

Mr Damagum further stressed that the party leadership will not be frightened by the ruling APC's alleged mischief.

"No amount of intimidation or mischief will bring down this party. It has already withstood a variety of machinations, and this one is nothing new.

"We've already crossed the line; we're looking forward to 2027, when the country will speak out on the current hardship that has been purposefully put on people. So, I'd like to thank you," he said.