The Federal High Court in Abuja has barred Prof. Pat Utomi from establishing a “shadow government” in Nigeria, ruling that such an action poses a threat to the country’s peace and security.
Justice James Omotosho, in a judgment delivered on Monday, September 29, upheld the arguments of the Department of State Services (DSS) and described Utomi’s move as “unconstitutional and void”.
The judge said he had reviewed the country’s constitution and found no provision that supports the establishment of a shadow or parallel government.
Citing Section 1(1) and (2) of the 1999 Constitution, Justice Omotosho said the constitution is supreme and binding on all citizens irrespective of political divides.
“The Nigerian constitution makes no room for shadow government. Therefore, any participation in any government which is unknown to law will be struck down by this court
“I hereby declared the formation as void,” the judge ruled.
The judge also affirmed the jurisdictional power of the court to entertain the matter.
Persecondnews reports that the court, in dealing with the novel issues of “shadow government,” had invited some eminent legal experts for their professional inputs.
Justice Omotosho had, on July 10, fixed today for the judgment in the DSS’ suit against Utomi, a Professor of Political Economy and Management Expert.
The judge fixed the date after DSS’ counsel, Mr. Akinlolu Kehinde(SAN); Utomi’s lawyer, Chief Mike Ozekhome(SAN), and the seven invited amici curiae (friends of the court) made their submissions for and against the suit.
Persecondnews recalls that Prof. Utomi had announced the formation of a shadow government on May 7, 2025, which he said was aimed at serving as a credible opposition to President Bola Tinubu’s administration.
Utomi, who stressed the need for a vibrant opposition to hold the government accountable and promote good governance, said the shadow government would scrutinise government policies, identify policy failures, and propose alternative solutions.
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