Marvellous Omobayo faults Edo government ultimatum, saying his tenure’s legality is before the Court of Appeal and urges restraint pending judgment

Marvellous Omobayo faults Edo government ultimatum directing him to return government properties, insisting that the legitimacy of his tenure as former Deputy Governor remains a matter before the Court of Appeal.

Also read: Edo Government Orders Omobayo to Return Assets

In a letter dated 28 October 2025, Omobayo urged security agencies, including the Nigeria Police Force, the Department of State Services, and the National Security Adviser, to allow the legal process to run its course before any enforcement action is taken.

He maintained that he remains entitled to all benefits and privileges due to a former deputy governor until the appellate court delivers its verdict.

“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, he explained, challenges the Federal High Court judgment of 17 July 2024 delivered by Justice James Omotosho, which nullified 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 appointment were unconstitutional, having failed to follow due process outlined in Section 188 of the 1999 Constitution.

Omobayo noted that there is a pending application for a stay of execution on the Federal High Court’s judgment and warned that enforcing the government’s directive would amount to contempt of court.

“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,” he wrote. “Such conduct amounts to contempt of court and attracts serious consequences.”

He attached copies of his Notice of Appeal, record of appeal, appellant’s brief, and pending applications as evidence that the matter 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,” Omobayo added.

The letter followed a statement issued by the Chief Press Secretary to Governor Monday Okpebholo, Fred Itua, giving Omobayo a one-week deadline to return all government properties in his possession.

The Edo government had described Omobayo’s tenure under former Governor Godwin Obaseki as “illegal” in light of the Federal High Court’s ruling.

Also read: Edo Police Rescue Girl, Foil Kidnap Attempt

Omobayo was sworn in on 8 April 2024 after Obaseki’s fallout with Shaibu, and he served until the end of the administration despite the unresolved legal dispute.