Court Stops Pat Utomi From Forming Shadow Government in Nigeria
The Federal High Court in Abuja has barred Professor of Political Economy, Pat Utomi, and his associates from establishing a shadow government in Nigeria. The judgment was delivered by Justice James Omotosho on Monday in response to a suit filed by the Department of State Services (DSS).
Justice Omotosho ruled that forming a shadow cabinet is unconstitutional, noting that Nigeria’s presidential system of governance does not recognize such an arrangement. The court emphasized that Utomi’s plan posed a potential risk to peace and security in the country, aligning with the DSS’ arguments against the initiative.
In his ruling, the judge explained that after carefully reviewing the 1999 Constitution, there was no section that allowed for the creation of a shadow or parallel government. Citing Section 1(1) and (2), he reminded citizens that the Constitution is supreme and binding on all Nigerians, regardless of political leanings.
“The Nigerian Constitution makes no room for a shadow government. Therefore, any participation in any government that is unknown to the law will be struck down by this court. I hereby declare the formation as void,” Justice Omotosho declared.
The court also confirmed it had the jurisdiction to entertain the matter, given the novelty of the issues raised. To ensure fairness, the judge invited several respected legal experts, known as amici curiae (friends of the court), to present professional inputs before arriving at a final decision.
Earlier in July, the court had adjourned the case after hearing submissions from the DSS’ counsel, Akinlolu Kehinde (SAN), Utomi’s lawyer, Mike Ozekhome (SAN), and the invited amici curiae. Monday’s ruling finally put an end to the controversy, striking down the plan to introduce a shadow administration in Nigeria.
This judgment reinforces the supremacy of the Constitution and underscores the importance of adhering strictly to Nigeria’s established system of governance. It also signals the government’s stance against political moves that could create instability or confusion in the democratic order.
