Court Rules Against Pat Utomi’s Shadow Government Plan, Declares It Unconstitutional

The Federal High Court in Abuja has stopped Prof. Pat Utomi from forming what he described as a “shadow government,” ruling that such a move is unconstitutional and without legal backing.

Delivering judgment on Monday, Justice James Omotosho agreed with the Department of State Services (DSS) that Utomi’s plan posed a threat to Nigeria’s peace and security.

After reviewing the 1999 Constitution, the judge said no section authorises the creation of a parallel or shadow government.

“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 declare the formation as void,” Justice Omotosho ruled.

Citing Section 1(1) and (2) of the Constitution, he stressed that the law is supreme and binding on all citizens, regardless of political affiliation. He further affirmed the Federal High Court’s jurisdiction to hear the case.

The News Agency of Nigeria (NAN) reports that the court, while considering the novel matter of a “shadow government,” invited eminent legal scholars to provide expert opinions.

The case, filed by the DSS, came up for judgment after submissions from its counsel, Akinlolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN; and seven amici curiae (friends of the court). Justice Omotosho had earlier reserved judgment on July 10 before delivering Monday’s verdict.

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