Former Deputy Governor of Edo State, Marvellous Omobayo, has faulted the one-week ultimatum issued by the state government directing him to return government property in his possession, insisting that his tenure’s legality is still pending before the Court of Appeal.
Omobayo, in a letter dated October 28, 2025, and addressed to the Edo State Commissioner of Police, the Director-General of the Department of State Services, and the National Security Adviser, urged all concerned to allow the court to determine the matter before taking any action.
He maintained that he remains entitled to all benefits and privileges due to a former deputy governor until the appellate court rules otherwise.
“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.
He explained that the appeal challenges the Federal High Court’s judgment delivered on July 17, 2024, by Justice James Omotosho, which voided his appointment and ordered the reinstatement of Philip Shaibu as deputy governor.
The court had held that Shaibu’s impeachment by the Edo State House of Assembly and the subsequent appointment of Omobayo were unconstitutional, null, and void, having failed to follow due process as prescribed in Section 188(1)–(9) of the 1999 Constitution.
In his letter, Omobayo noted that there was also a pending application for stay of execution of the Federal High Court’s judgment, stressing that the appeal and related processes were already before the Court of Appeal.
He cautioned security agencies against being used to enforce the state government’s directive, which he described as “contemptuous and prejudicial to the pending appeal.”
“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 warned.
Omobayo also attached copies of his Notice of Appeal, record of appeal, appellant’s brief, and pending applications to the letter to support his position that the matter remains sub judice.
He continued, “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.”
“For the avoidance of doubt, I remain entitled to all benefits I am enjoying as a former Deputy Governor of Edo State pending the determination of the appeal, and no court has made any order affecting my entitlements,” he added.
The development followed a statement issued on Tuesday by the Chief Press Secretary to Governor Monday Okpebholo, Fred Itua, giving Omobayo a one-week ultimatum to return all government properties and assets in his possession.
The state government, in the statement, had described Omobayo’s time in office under former Governor Godwin Obaseki as “illegal” following the Federal High Court judgment.
Omobayo was sworn in on April 8, 2024, by the Chief Judge of Edo State, Justice Daniel Okungbowa, after being nominated by then-Governor Obaseki, who had fallen out with Shaibu.
Despite the court’s ruling ordering Shaibu’s reinstatement, the directive was never implemented, and Omobayo completed the administration’s tenure with Obaseki.
