Court bars Pat Utomi from establishing shadow government
The Federal High Court sitting in Abuja, Federal Capital Territory (FCT) on Monday barred Prof Pat Utomi, and his associates from going ahead with their plan to set up a shadow government in Nigeria.
Penpushing reports that the judge Justice James Omotosho delivering judgment in a suit instituted by the Department of State Services (DSS) held that the creation of a shadow government or cabinet is unconstitutional and alien to the country’s presidential system of governance.
The court order, therefore, restrained Utomi and his group from pursuing the initiative and upheld the arguments of the Department of State Services (DSS) that Utomi’s action portends danger to the peace and security of Nigeria.
Penpushing further reports that the judge said he had perused the country’s constitution, and there was no part that supports the formation of a shadow or parallel government, citing Section 1(1) and (2) of the 1999 Constitution.
The judge emphasized that the constitution is supreme and binding on all citizens irrespective of political divides, adding that the Nigerian constitution makes no room for a shadow government
“The Nigerian constitution makes no room for a 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’, Omotosho ruled.
Penpushing also reports that the judge equally affirmed the jurisdictional power of the court to entertain the matter, while it would be recalled that the court, in dealing with the novel issues of shadow government, had invited some eminent legal experts for their professional inputs.
The judge had, on July 10, 2025 fixed Monday, September 29, 2025 for the judgment in the Department of State Services (DSS) suit against Utomi, a Professor of Political Economy and Management Expert.
Penpushing reports that Omotosho fixed the date after Department of State Services (DSS) counsel, Akinlolu Kehinde, Senior Advocate of Nigeria (SAN), Utomi’s lawyer, Mike Ozekhome, Senior Advocate of Nigeria (SAN), and the seven invited amici curiae (friends of the court) made their submissions for and against the suit.
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