Ex-Edo Deputy Governor Refuses Government Deadline, Pushes Case To Court

Former Edo State Deputy Governor, Marvellous Omobayo, has rejected a one-week ultimatum from the state government demanding the return of official property in his possession, insisting that the legality of his tenure remains under review at 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 stated that he is still entitled to all benefits of a former deputy governor until the appellate court delivers its judgment.

“The question of the legitimacy 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,” he wrote.

Omobayo explained that his appeal challenges the Federal High Court judgment of July 17, 2024, delivered by Justice James Omotosho, which annulled his appointment and ordered the reinstatement of Philip Shaibu. The court had ruled that Shaibu’s impeachment by the Edo State House of Assembly and Omobayo’s subsequent swearing-in were unconstitutional, violating Section 188(1)–(9) of the 1999 Constitution.

He emphasized that a stay of execution of the judgment is currently in place and that all relevant appeal proceedings are before the Court of Appeal.

Omobayo cautioned security agencies against enforcing what he described as a “contemptuous and prejudicial” directive, warning:

“It would be unlawful for any party to a pending appeal to resort to self-help by deploying thugs or instructing the police to act in a way that interferes with judicial proceedings. Such conduct amounts to contempt of court and carries serious consequences.”

He attached copies of his Notice of Appeal, record of appeal, appellant’s brief, and pending applications to support his position.

“It is only the Court of Appeal that can validly determine the legitimacy of my tenure as Deputy Governor of Edo State. The Police must not be used to perpetrate illegality,” Omobayo added.

Governor Monday Okpebholo’s Chief Press Secretary, Fred Itua, had earlier given Omobayo seven days to return vehicles, documents, and other government property, 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 ordered Shaibu’s reinstatement, the decision was never implemented, and Omobayo completed Obaseki’s administration alongside the former governor.