Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Court of Appeal, Abuja Division, has ordered Marvellous Godwins Omobayo, a former deputy governor of Edo State, to face contempt proceedings after he refused to vacate office despite a Federal High Court judgment that declared his appointment illegal and ordered the immediate reinstatement of his predecessor, Philip Shaibu. A three‑man panel led by Justice Okon Abang dismissed Omobayo’s appeal and ruled that his continued stay in office after the trial court’s decision was “wrong” and cannot be shielded by a pending appeal.
The legal battle began in July 2024, when Justice James Omotosho of the Federal High Court in Abuja voided the impeachment of Philip Shaibu. The court held that the Edo State House of Assembly had removed Shaibu in April 2024 without following the due process prescribed in Section 188(1)–(9) of the 1999 Constitution. It accordingly ordered Shaibu’s immediate reinstatement and declared the appointment of Omobayo as his replacement “unconstitutional, null and void.”
Despite the ruling, Omobayo, who had been sworn in as deputy governor by former Governor Godwin Obaseki, refused to step down. He argued that he had filed an appeal (CA/ABJ/CV/856/2024) and that the higher court should determine the legality of his tenure. In response, Shaibu and the Edo State House of Assembly initiated contempt proceedings, seeking to have Omobayo committed to prison for his alleged disobedience to a valid court order.
After the Federal High Court ordered Omobayo to appear and show cause, he escalated the matter to the Court of Appeal, asking the higher court to quash the contempt proceedings on the ground that the trial court lacked jurisdiction while his substantive appeal was pending.
But the appellate court was not persuaded. In its ruling delivered on 30 April 2026, the panel held that merely filing an appeal does not automatically stay the execution of a trial court’s judgment. Justice Abang, who delivered the lead judgment, emphasised that Omobayo was wrong to have remained in office after the Federal High Court had removed him. “The appellant had no right to remain in office after the lower court’s judgment. His continued stay was a direct violation of a valid court order,” the court stated. The panel therefore dismissed Omobayo’s appeal and directed him to prepare to face the contempt suit at the trial court.
The ruling is a significant turning point in a power struggle that has polarised Edo State’s political leadership. The dispute began in April 2024, when Shaibu fell out with his principal, Godwin Obaseki. The Edo State House of Assembly impeached Shaibu, citing alleged misconduct, and Obaseki immediately swore in Omobayo as his new deputy. Shaibu, however, challenged the impeachment in court, insisting that the Assembly had not complied with the constitutional requirement that the presiding judge of the state’s High Court first set up a panel to investigate the allegations before any vote could be taken. Justice Omotosho agreed, holding that the legislature had acted “unconstitutionally and in bad faith.”
The political stakes have remained high. While the Edo State Government has recognised Omobayo’s removal, Omobayo has continued to assert that his legitimacy can only be decided by the Court of Appeal. At a public forum in October 2025, he told reporters, “I never made myself deputy governor. The issue is sub judice, and I have respected the judicial process by filing an appeal.” His stance led to a tense standoff, including a dramatic clash with Shaibu at a former deputy governors’ conference in Abuja, where both men claimed the right to represent the state.
The Court of Appeal’s dismissal of Omobayo’s appeal removes the principal legal shield behind which he had sought refuge. The contempt proceedings will now resume before the Federal High Court. If found guilty of contempt, Omobayo could face a fine, imprisonment, or both, depending on the court’s findings. Legal analysts note that the case sets an important precedent: a party cannot defy a subsisting court order simply because an appeal has been filed, unless a formal stay of execution has been obtained.
The police and the Department of State Services (DSS) have been directed to ensure that all parties comply with the court’s directives. As the legal crisis moves toward its final chapter, the people of Edo State will be watching closely to see whether the judicial system can finally impose the same order of succession that the lower courts decreed nearly two years ago.
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