Marvellous Omobayo, the former Deputy Governor of Edo State, has stated that only the court can judge the validity of his tenure, warning against any attempt to subvert the judicial process. Omobayo stated this in a letter dated October 28, 2025, sent to the Edo State Commissioner of Police, the Director-General of the Department of State Services, and the National Security Adviser. A copy of the letter was distributed to the media in Benin City on Wednesday.
In the letter, Omobayo maintained that he is still entitled to all advantages and privileges granted to a former deputy governor pending the outcome of his appeal before the Court of Appeal in Abuja, emphasizing that no court has issued an order withdrawing those entitlements.
His reaction came after the Edo State Government issued an ultimatum to Governor Monday Okpebholo through the Chief Press Secretary, Fred Itua, directing him to surrender all government property within one week. Following a court verdict that annulled his appointment, the government termed his tenure under the previous Governor Godwin Obaseki as "illegal."
In a judgment delivered on July 17, 2024, Justice James Omotosho of the Federal High Court in Abuja annulled Omobayo’s appointment and ordered the reinstatement of Philip Shaibu as Deputy Governor. The court held that Shaibu’s impeachment by the Edo State House of Assembly contravened Section 188(1)–(9) of the 1999 Constitution, describing the entire process as unconstitutional, null, and void.
Unhappy with the ruling, Omobayo filed an appeal (CA/ABJ/CV/856/2024) before the Court of Appeal in Abuja and sought a stay of execution of the lower court’s judgment. In a subsequent letter, he advised law enforcement agencies and government officials to refrain from any actions that might compromise the pending appeal, stressing that the judicial process should be allowed to run its course.
He further warned that any move to enforce the court’s decision prematurely could amount to contempt of court.
“It is only the Court of Appeal that can validly pronounce on the legitimacy or otherwise of my tenure,” Omobayo wrote. “It will be unlawful for any party to resort to self-help by instigating the police or deploying thugs to overreach the court or interfere with judicial proceedings. Such actions will amount to contempt and will attract severe consequences.”
He stressed that the Inspector General of Police is a party to the ongoing appeal and submitted supporting legal documents—including the notice and record of appeal, as well as pending applications—to substantiate his stance.
Omobayo maintained that he remains entitled to all privileges and benefits accorded to a former deputy governor until the appeal is concluded.
He was sworn in on April 8, 2024, by Edo State Chief Judge, Justice Daniel Okungbowa, after being nominated by then-Governor Godwin Obaseki following the impeachment of Philip Shaibu. Although a court later ordered Shaibu’s reinstatement, the state government ignored the ruling, and Omobayo completed the remainder of Obaseki’s tenure in office.
