Court Bars Utomi’s Shadow Government, Declares Move Unconstitutional
The Federal High Court in Abuja has barred Professor Pat Utomi from establishing a “shadow government” in Nigeria, declaring the move unconstitutional and void.
Delivering judgment on Monday, Justice James Omotosho upheld the Department of State Services’ (DSS) argument that Utomi’s plan posed a threat to national peace and security.
The judge ruled that nothing in the 1999 Constitution supports the formation of a parallel government. Citing Sections 1(1) and (2), he stressed that the Constitution remains supreme and binding on all citizens, regardless of political affiliation.
“The Nigerian Constitution makes no room for a shadow government. Therefore, any participation in any government unknown to law will be struck down by this court. I hereby declare the formation as void,” Justice Omotosho ruled.
He affirmed the court’s jurisdiction to hear the matter and explained that, given the novelty of the issue, several eminent legal experts were invited to provide professional input.
The case, filed by the DSS against Utomi, a Professor of Political Economy and Management expert, was reserved for judgment on 10 July after counsel for both parties – Akinlolu Kehinde (SAN) for the DSS, Mike Ozekhome (SAN) for Utomi—and seven amici curiae (friends of the court) made their submissions.
