Former Deputy Governor of Edo State, Marvellous Omobayo, has dismissed the one-week ultimatum issued by the state government directing him to return government property in his possession, insisting that the legality of his tenure 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 urged security agencies to allow the ongoing legal process to run its course before any action is taken.
He maintained that he remains entitled to all benefits and privileges accorded to a former deputy governor until the appellate court delivers its 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 stated.
The appeal challenges the July 17, 2024 judgment of the Federal High Court, Abuja, delivered by Justice James Omotosho, which voided Omobayo’s appointment and ordered the reinstatement of Philip Shaibu as deputy governor. The court had ruled that Shaibu’s impeachment by the Edo State House of Assembly and the subsequent appointment of Omobayo were unconstitutional and void, as they did not comply with Section 188(1)–(9) of the 1999 Constitution.
Omobayo further explained that there is a pending application for a stay of execution on the Federal High Court’s judgment, noting that the matter is already before the appellate court. He cautioned against any attempt to enforce the state government’s directive, describing it 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.
The former deputy governor attached copies of his Notice of Appeal, record of appeal, appellant’s brief, and pending applications to support his claim that the issue remains sub judice.
“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 one week to return all government assets in his possession. The state government had described his tenure under former Governor Godwin Obaseki as “illegal” following the court’s verdict.
Omobayo was sworn in on April 8, 2024, by Chief Judge of Edo State, Justice Daniel Okungbowa, after being nominated by then-Governor Obaseki, who had fallen out with his deputy, Shaibu. Despite the Federal High Court ruling ordering Shaibu’s reinstatement, the directive was never implemented, and Omobayo served out the administration’s tenure with Obaseki.