The former Deputy Governor of Edo State, Marvellous Omobayo, has asserted that only the court possesses the authority to determine the legality of his tenure, warning against any attempt to undermine the judicial process.

Omobayo made this known 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 was made available to journalists in Benin City on Wednesday.

In the letter, Omobayo maintained that he remains entitled to all benefits and privileges accorded to a former deputy governor pending the determination of his appeal before the Court of Appeal, Abuja, stressing that no court has issued any order revoking those entitlements.

His response followed an ultimatum issued by the Edo State Government through the Chief Press Secretary to Governor Monday Okpebholo, Fred Itua, directing him to return all government property within one week. The government had described his tenure under former Governor Godwin Obaseki as “illegal” following a court ruling that nullified his appointment.

A Federal High Court in Abuja, in a judgment delivered on July 17, 2024, by Justice James Omotosho, nullified Omobayo’s appointment and reinstated Philip Shaibu as Deputy Governor. The court ruled that Shaibu’s impeachment by the Edo State House of Assembly violated the provisions of Section 188(1)–(9) of the 1999 Constitution, declaring the process unconstitutional, null, and void.

Dissatisfied with the judgment, Omobayo filed an appeal (CA/ABJ/CV/856/2024) before the Court of Appeal, Abuja, where he also submitted an application for a stay of execution of the lower court’s decision.

In his letter, Omobayo cautioned law enforcement agencies and government officials against taking any steps that could prejudice the pending appeal. He urged the authorities to allow the court process to take its course, warning that any attempt to enforce the ultimatum could be deemed 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 emphasized that the Inspector General of Police is a party to the ongoing appeal and attached relevant legal documents—including the notice of appeal, record of appeal, and pending applications—to support his position.

Omobayo reiterated that he remains a legitimate beneficiary of all rights due to a former deputy governor until the appeal is resolved.

Omobayo was sworn in on April 8, 2024, by the Chief Judge of Edo State, Justice Daniel Okungbowa, following his nomination by then-Governor Godwin Obaseki after the impeachment of Philip Shaibu. Despite the court ruling ordering Shaibu’s reinstatement, the state government did not act on it, and Omobayo served out the remainder of Obaseki’s administration.