The Federal High Court in Abuja has prohibited Prof. Pat Utomi and his associates from proceeding with their plans to establish a shadow government in Nigeria.
In a ruling delivered on Monday in a case brought by the Department of State Services (DSS), Justice James Omotosho stated that the formation of a shadow government or cabinet is unconstitutional and incompatible with Nigeria’s presidential system of governance.
The court’s decision effectively prevents Utomi and his group from continuing with their initiative, supporting the DSS’s argument that Utomi’s actions pose a threat to peace and security in the country.
The judge noted that after reviewing the country’s constitution, he found no provision that endorses the establishment of a shadow or parallel government.
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Referring to Section 1(1) and (2) of the 1999 Constitution, the judge emphasized that the constitution is supreme and applies to all citizens, regardless of political affiliation.
“The Nigerian constitution does not allow for a shadow government. Therefore, any involvement in a government that is not recognized by law will be invalidated by this court. I hereby declare the formation as void,” the judge ruled.
The judge also confirmed the court’s authority to hear the case.
In addressing the unique issues surrounding the concept of a “shadow government,” the court had sought input from several distinguished legal experts.
Justice Omotosho had scheduled the judgment for today after hearing submissions from the DSS counsel, Akinlolu Kehinde (SAN), Utomi’s lawyer, Mike Ozekhome (SAN), and seven invited amici curiae (friends of the court).
