A trial court sitting in Wuse Zone II, Abuja, has ordered the Commissioner of the FCT Police Command to investigate the direct criminal complaint filed by a former deputy governor of Edo State, Honorable Philip Shaibu, against Omobayo Marvelous, who was allegedly appointed deputy governor of the state.
In a letter to the FCT Commissioner of Police stamped as received on November 27, 2025, Justice AI Tukur said the parties will be available before the Commissioner to allow his office to carry out the investigation and report to the court within two weeks from the date of receipt of the letter.
The court directive followed a direct criminal complaint that Shaibu filed against Omobayo Marvelous.
In the suit dubbed CR/1058/2025 filed on November 27 by Shaibu’s lawyer, Reuben Egwuaba, the former governor prayed the court to issue a criminal summons against the accused at his instance.
Shaibu based his application on the judgment of Justice James Omotosho of the Federal High Court, Abuja in suit No. FHC/ABJ/CS/478/2024 delivered on July 17, in which his unjust impeachment by the Edo State House of Assembly was declared null and void for violating the provisions of Section 188(1)-(9) of the 1999 Constitution.
He said Justice Omotosho, in the said judgment gave a consequential order that the plaintiff (Shaibu) is entitled to all salaries, allowances and fringe benefits incidental to the office of Deputy Governor of Edo State from April 8, 2024 until the date of judgment and until the end of his tenure as Deputy Governor of Edo State.
Shaibu said that on July 18, 2024, a day after the sentence was passed, when he was on his way to resume his duties in Edo State, he immediately arrived at the Edo State Airport, some hoodlums started shooting non-stop for two hours. This fact made him fear for his life and safety, forcing him to immediately flee the airport.
While noting that the accused has been receiving salaries despite the judgment of the Court, Shaibu said that on Tuesday, October 28, 2025, during the Fourth Forum of Former Deputy Governors of Nigeria held in Abuja, the accused, at about 12:40 pm, allegedly committed an offense of impersonation after the judgment of Justice Omotosho.
He said the defendant’s action at the meeting amounted to criminal contempt of public justice, in violation of Article 406 of the Penal Code, which criminalizes disobedience to legal orders of a court.
After the said sentencing, Shaibu said, the accused allegedly assumed, or was appointed to the office of Deputy Governor of Edo State on April 8, 2024, “or continued in office after the sentencing without legal authority, so that his continuation in office after the sentencing constitutes fraudulent usurpation of public office, misrepresentation and abuse of public trust.”
He further stated that, on October 28, 2025, the Respondent knowingly and intentionally presented himself to individuals, agencies and/or the public as duly holding the office of Deputy Governor of Edo State, even though the court had declared the dismissal of the Petitioner illegal and the Petitioner remained entitled to the office.
“In doing so, the defendant sought to obtain the privileges, emoluments, security provisions and authority inherent in the office.
“In doing so, the accused committed the crimes of false representation or impersonation of a public official, punishable by three years in prison and a fine; unlawful exercise of public functions, contrary to articles 311 and 315 of the Penal Code and obstruction of justice, or contempt of court order, by continuing to hold office and acting in that capacity, despite the court ruling contrary to article 406 of the Penal Code.
“That the Respondent’s actions have caused the Claimant harm to his legal rights, harm to his reputation, denial of his legal position and attendant privileges, and have undermined the rule of law and democratic governance.
“The plaintiff obtained judgment in his favor at the Federal High Court sitting in Abuja before Justice Omotosho, and it is in the interest of justice for this court to treat this as a direct criminal complaint,” he said.
The Plaintiff prays the Court to issue a summons against the Defendant ordering him to appear before the Court to answer the complaint and that the Defendant be prosecuted for the crimes of false representation/impersonation of a public official, abuse of office/public trust and obstruction of justice and, if convicted, be convicted and punished in accordance with the law.
He also sought an order for the forfeiture or recovery of any emolument, benefit or public privilege obtained by the respondent during the period he illegally held or purported to hold the office of Lieutenant Governor.
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