Former Deputy Governor of Edo State, Marvellous Omobayo, has rejected the one-week ultimatum issued by the state government directing him to return official property in his possession, insisting that the matter of his tenure’s legality is still before the Court of Appeal.
In a letter dated October 28, 2025, addressed to the Edo State Commissioner of Police, the Director-General of the Department of State Services, and the National Security Adviser, Omobayo maintained that he remains entitled to all benefits of a former deputy governor until the appellate court delivers judgment.
“The issue of the legitimacy or otherwise of my tenure as Deputy Governor of Edo State from April to November 2024 is currently the subject of Appeal No: CA/ABJ/CV/856/2024 before the Court of Appeal, Abuja,” Omobayo wrote.
The former deputy governor explained that his appeal challenges the Federal High Court judgment of July 17, 2024, delivered by Justice James Omotosho, which voided his appointment and ordered the reinstatement of Philip Shaibu.
Justice Omotosho had ruled that Shaibu’s impeachment by the Edo State House of Assembly, and the subsequent swearing-in of Omobayo, were unconstitutional and violated Section 188(1)–(9) of the 1999 Constitution.
Omobayo pointed out that a stay of execution of the judgment is pending, stressing that all relevant appeal processes are before the Court of Appeal.
Omobayo warned security agencies against being used to enforce what he described as a “contemptuous and prejudicial” directive.
“It will be unlawful for any party to a pending appeal to resort to self-help by deploying thugs or instigating the police to act in a manner capable of interfering with judicial proceedings. Such conduct amounts to contempt of court and attracts serious consequences,” he cautioned.
He attached copies of his Notice of Appeal, record of appeal, appellant’s brief, and pending applications to buttress his case.
“It is only the Court of Appeal that can validly pronounce on the legitimacy or otherwise of my tenure as Deputy Governor of Edo State. The Police Force must not allow itself to be used to perpetrate illegality,” he added.
Governor Monday Okpebholo’s Chief Press Secretary, Fred Itua, had on Tuesday given Omobayo seven days to return vehicles, documents, and other government property in his custody, describing his tenure under former Governor Godwin Obaseki as “illegal” following the Federal High Court ruling.
Omobayo was sworn in on April 8, 2024, by Chief Judge Daniel Okungbowa after Obaseki nominated him following a fallout with Shaibu.
Although the court later ruled that Shaibu should be reinstated, the decision was never implemented, and Omobayo completed Obaseki’s administration alongside the former governor.
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