A former deputy governor of Edo State, Marvellous Omobayo, says only the court can declare his term illegal.
Omobayo made this declaration in a letter dated October 28, 2025, addressed to the Edo State Commissioner of Police, Director General of the Department of State Services, and the National Security Adviser.
Our correspondent sighted a copy of the letter in Benin, the state capital, on Wednesday.
The former deputy governor also insisted that he is entitled to all benefits he is currently enjoying as a former deputy governor of Edo State pending the determination of his appeal, adding that no court has made any order touching on his benefits and entitlements.
Edo State Government had on Tuesday through the Chief Press Secretary to Governor Monday Okpebholo, Fred Itua, issued a one-week ultimatum to Omobayo, asking him to return all government property and assets still in his possession and declaring his stay in office as deputy governor to former governor Godwin Obaseki as illegal.
A Federal High Court sitting in Abuja on July 17, 2024, had sacked Omobayo as Deputy Governor of Edo State.
Justice James Omotosho, who gave the ruling, ordered the reinstatement of Philip Shaibu, who was impeached by the State House of Assembly, as the Deputy Governor of Edo State,
The judge declared that Shaibu’s removal from office and the subsequent appointment of Omobayo as his replacement were illegal, unconstitutional, null, and void.
The court found that the impeachment process violated the procedures outlined in Section 188(1) to (9) of the Nigerian Constitution.
However, Omobayo had approached the Appeal Court in case no: CA/ABJ/CV/856/2024 which is pending before the Court of Appeal, Abuja to contest the Federal High Court Judgement.
In his letter, Omobayo advised all concerned to await the outcome of the matter in Appeal Court before taking any action in respect of the subject matter of the suit or appeal.
Omobayo’s letter read, “The above-referenced press release dated 28 October, 2025, wherein the Chief Press Secretary to the Edo State Governor purported to issue a one-week ultimatum to the undersigned (Omobayo) to return state-owned property, refers.
“The press release refers to the undersigned as ‘…former illegitimate deputy governor, Mr Godwin Omobayo…’ and ‘threatens …to direct the Commissioner of Police, Edo State Command, to effect his arrest…’.
“Kindly note that the issue of the legitimacy or otherwise of tenure of the undersigned as Deputy Governor of Edo State from April to November 2024 which was categorically commented upon the said press release is the subject matter of an Appeal No: CA/ABJ/CV/856/2024 which is pending before the Court of Appeal, Abuja from the Judgment of the Federal High Court, Abuja delivered on 17th July, 2024 in Suit No: FHC/ABJ/CS/478/2024.
“Please note that the subject matter of the appeal is ‘sub judice,’ and in addition, there is a pending application for stay of execution of the trial court’s judgment and for injunction pending the determination of the appeal before the Court of Appeal.”
The former deputy governor noted that copies of the notice of appeal, the front page of the record of appeal, the appellant’s brief, and the pending application before the Court of Appeal were also attached to the letter.
He continued, “For your ease of reference, these processes confirm that the Inspector General of Police is a party to the suit and the pending appeal.
“It is only the court (in this instance the Court of Appeal) which can validly pronounce on the legitimacy or otherwise of my tenure as deputy governor of Edo State and it is only right that the Nigerian Police Force refrain from being instigated to take actions that are capable of being interpreted as contemptuous of the court or calculated to bring the administration of justice into disrepute.
“Please note that it will be unlawful for a party to a pending appeal to resort to self-help by deploying thugs to overreach a court in respect of a matter awaiting judicial resolution or instigate the police to engage in actions capable of interfering with the constitutional function of the judiciary. This will amount to contempt of court and will attract severe consequences.
“All concerned are advised to await the outcome of the matters in court before taking any action in respect of the subject matter of the suit/appeal.
“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 touching on my benefits and entitlements.
“I am certain, sir, that you will not allow the Police Force to be used to perpetrate illegality.”
Recall that Omobayo was sworn in on April 8, 2024, by the Chief Judge, Daniel Okungbowa, after his nomination by former governor Obaseki, who fell out with Phillip Shaibu.
Shaibu had earlier been impeached by the state House of Assembly after he fell out with Obaseki, but he was reinstated despite the court ruling.
Shaibu was not reinstated, and Omobayo completed the tenure with Obaseki.
