The Federal High Court in Abuja has restrained Professor Pat Utomi from establishing what he described as a “shadow government” in Nigeria, declaring the initiative unconstitutional, null, and void. Delivering judgement on Monday, Justice James Omotosho upheld the arguments of the Department of State Services (DSS), which contended that Utomi’s move posed a threat to …
Court Declares Utomi’s ‘Shadow Government’ Unconstitutional
The Federal High Court in Abuja has restrained Professor Pat Utomi from establishing what he described as a “shadow government” in Nigeria, declaring the initiative unconstitutional, null, and void.
Delivering judgement on Monday, Justice James Omotosho upheld the arguments of the Department of State Services (DSS), which contended that Utomi’s move posed a threat to national peace and security.
The judge, after examining the provisions of the 1999 Constitution, held that no section of the law permits the creation of a shadow or parallel government.
Citing Section 1 (1) and (2) of the Constitution, Justice Omotosho emphasised that the Constitution remains supreme and binding on all Nigerians, regardless of political affiliations.
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“The Nigerian Constitution makes no room for shadow government. Therefore, any participation in a government unknown to law will be struck down by this court. I hereby declare the formation void,” the judge ruled.
He further affirmed the jurisdiction of the court to entertain the matter.
The News Agency of Nigeria (NAN) reports that in addressing the novel issue of “shadow government”, the court invited eminent legal experts to present professional opinions.
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Justice Omotosho had earlier fixed September 29 for judgement after hearing submissions from DSS counsel, Akinlolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN; and seven amici curiae (friends of the court) who argued both for and against the case.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.
