Edo State former deputy governor, Marvellous Omobayo, has reacted to the one-week ultimatum issued by the state government slammed on him to return government property in his possession.
Omobayo insisted that his tenure’s legality was still pending before the Court of Appeal.
Responding in a letter dated October 28, 2025, and 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 concerned to allow the court to determine the matter before taking any action.
He maintained that he remained entitled to all benefits and privileges due to a former deputy governor until the appellate court rules otherwise.
“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 wrote.
He explained that the appeal challenged the Federal High Court’s judgement delivered on July 17, 2024, by Justice James Omotosho, which voided his appointment and ordered the reinstatement of Philip Shaibu as deputy governor.
The court had held that Shaibu’s impeachment by the Edo State House of Assembly and the subsequent appointment of Omobayo were unconstitutional, null, and void, having failed to follow due process as prescribed in Section 188(1)–(9) of the 1999 Constitution.
In his letter, Omobayo noted that there was also a pending application for stay of execution of the Federal High Court’s judgment, stressing that the appeal and related processes were already before the Court of Appeal.
He cautioned security agencies against being used to enforce the state government’s directive, which he described as “contemptuous and prejudicial to the pending appeal.”
“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.
“Such conduct amounts to contempt of court and attracts serious consequences,” he warned.
Omobayo also attached copies of his Notice of Appeal, record of appeal, appellant’s brief, and pending applications to the letter to support his position that the matter remains sub judice.
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He continued, “It is only the Court of Appeal that can validly pronounce on the legitimacy or otherwise of my tenure as Deputy Governor of Edo State.
“The Police Force must not allow itself to be used to perpetrate illegality.
“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,” he added.
It would be recalled that the Edo State Government had issued a one-week ultimatum to the former Deputy Governor, who was addressed as illegitimate, to immediately return all government property and assets still in his possession.
He was accused of holding on to several official items, including vehicles, documents and other state-owned assets.
The ultimatum was issued to Omobayo in a statement by the Chief Press Secretary to the Governor, Fred Itua.
Itua said the properties are yet to be surrendered to the appropriate authorities despite multiple formal reminders.
The statement said in part: “The Edo State Government reiterates that all assets acquired or utilized in the course of public service remain the property of the State and must be duly returned upon cessation of office.
“The continued retention of such property by any individual constitutes a clear breach of public trust and an unlawful possession of state assets.
“Accordingly, Mr. Omobayo is hereby given a period of seven (7) days from the date of this release to comply fully by returning all government property under his custody to the Office of the Secretary to the State Government.
“Failure to comply within the stipulated period will compel the Government to direct the Commissioner of Police, Edo State Command, to effect his arrest and ensure the immediate recovery of all State assets still in his possession through lawful means.
“The Edo State Government remains committed to accountability, due process, and the protection of public property.
“No individual, regardless of former position or political affiliation, will be permitted to unlawfully appropriate or retain assets belonging to the people of Edo State.
“This administration, under the leadership of Senator Monday Okpebholo, will continue to uphold the principles of transparency, discipline, and integrity in public service, ensuring that all public officers are held to the highest standards of responsibility and probity.
“The Government urges Mr. Omobayo to respect this directive and avoid actions that could invite consequences or further embarrassment.”
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