Former Edo State Deputy Governor, Marvellous Omobayo, has declared that only a court of competent jurisdiction can determine whether his tenure in office was legal or not.
Omobayo stated this 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.
A copy of the letter, obtained by DAILY GAZETTE in Benin City on Wednesday, urged security agencies to refrain from actions that could amount to contempt of court.
The former deputy governor said he remained entitled to all benefits and privileges of his former office pending the determination of his appeal challenging his removal.
The Edo State Government had earlier issued a one-week ultimatum to Omobayo, asking him to return all government assets in his possession.
The directive, issued by the Chief Press Secretary to Governor Monday Okpebholo, Fred Itua, described Omobayo’s stay in office under former Governor Godwin Obaseki as “illegal.”
However, Omobayo argued that the matter was sub judice, as it was already before the Court of Appeal, Abuja.
“It is only the court (in this instance, the Court of Appeal) that can validly pronounce on the legitimacy or otherwise of my tenure as deputy governor of Edo State,” Omobayo wrote.
“All concerned are advised to await the outcome of the matter before taking any action that could amount to contempt of court.”
Omobayo was appointed deputy governor on April 8, 2024, following the impeachment of Philip Shaibu by the Edo State House of Assembly after his fallout with then-Governor Obaseki.
But a Federal High Court in Abuja, in a judgment delivered on July 17, 2024, nullified Omobayo’s appointment and reinstated Shaibu, ruling that the impeachment process violated Section 188 (1–9) of the 1999 Constitution.
Omobayo subsequently appealed the decision (Appeal No. CA/ABJ/CV/856/2024) and filed an application for stay of execution pending the determination of the case.
He attached copies of the notice of appeal, the record of appeal, and the appellant’s brief to his letter to security agencies, noting that the Inspector-General of Police was a listed party in the suit.
Omobayo cautioned against any attempt by government officials or political actors to use security agencies or hired thugs to enforce actions on a matter already before the court.
“It will be unlawful for any party to a pending appeal to resort to self-help or to instigate the police to act in a manner capable of interfering with the constitutional functions of the judiciary,” he warned.
“Such conduct would be contemptuous and could attract serious legal consequences.”
He maintained that no court order had been issued affecting his entitlements, adding,
“For the avoidance of doubt, I remain entitled to all benefits I currently enjoy as a former Deputy Governor of Edo State, pending the determination of my appeal.”
Omobayo served as Obaseki’s deputy from April to November 2024, following Shaibu’s impeachment.
However, despite the court’s ruling reinstating Shaibu, the decision was not implemented by the state government before Obaseki left office, leaving the succession issue unresolved.
