Edo Ex-Deputy Governor Omobayo Rejects Ultimatum to Return Assets, Cites Pending Appeal on Tenure Legitimacy

Former Deputy Governor of Edo State, Marvellous Omobayo, has rejected the one-week ultimatum issued by the state government ordering him to return official property in his possession, arguing that the legality of his tenure remains under judicial consideration.

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 all parties to refrain from taking any action until the Court of Appeal delivers its judgment.

Omobayo maintained that he is entitled to all benefits and privileges of a former deputy governor pending the outcome of Appeal No. CA/ABJ/CV/856/2024, currently before the Court of Appeal, Abuja.

“The legitimacy or otherwise of my tenure as Deputy Governor of Edo State from April to November 2024 is still the subject of a pending appeal,” he wrote.

The former deputy governor is challenging the July 17, 2024, judgment of the Federal High Court 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 comply with Section 188(1)–(9) of the 1999 Constitution.

Omobayo noted that a stay of execution of the judgment had been filed, stressing that the appeal process was ongoing. He warned security agencies against enforcing the state government’s order, describing such action as “contemptuous and prejudicial to the pending appeal.”

“It will be unlawful for any party to a pending appeal to resort to self-help or use security agencies to interfere with judicial proceedings. Such conduct amounts to contempt of court and carries serious consequences,” he cautioned.

To back his claims, Omobayo attached copies of his Notice of Appeal, record of appeal, appellant’s brief, and pending applications to the letter, emphasizing that only the Court of Appeal has the authority to determine the legitimacy of his tenure.

“For the avoidance of doubt, I remain entitled to all benefits accruing to a former Deputy Governor of Edo State until the appeal is resolved, as no court order has revoked my entitlements,” he added.

His response followed a statement issued by the Chief Press Secretary to Governor Monday Okpebholo, Fred Itua, giving him one week to return all government assets and properties in his possession. The state government described Omobayo’s tenure under former Governor Godwin Obaseki as “illegal,” citing the Federal High Court’s ruling.

Omobayo was sworn in on April 8, 2024, by the Chief Judge of Edo State, Justice Daniel Okungbowa, after Obaseki nominated him to replace Shaibu, following their political fallout. Despite the court’s decision ordering Shaibu’s reinstatement, the ruling was never enforced, and Omobayo served out the administration’s tenure with Obaseki.