Court rules Pat Utomi’s shadow government plan unconstitutional and unlawful

A Federal High Court in Abuja has struck down former presidential candidate Professor Pat Utomi’s plan to form a shadow government in Nigeria, declaring it unlawful, illegal and unconstitutional.

Delivering judgment on Monday, Justice James Omotosho restrained Utomi and his associates from going ahead with the initiative, ruling that the concept of a shadow cabinet is alien to Nigeria’s presidential system.

The case was brought by the Department of State Services (DSS), which argued that Utomi’s proposal was a threat to national security and could create a parallel authority not recognised by the 1999 Constitution.

Justice Omotosho sided with the DSS, ruling that the rights of association and free expression cannot be used as a cover for actions deemed unlawful. He commended the security agency for seeking legal intervention and said its mandate included preventing acts capable of endangering national security.

The DSS had asked the court for a perpetual injunction against Utomi, warning that the initiative could embolden separatist groups and destabilise Nigeria’s democracy. Its counsel, Akinlolu Kehinde (SAN), compared the move to “early warning signs of insurgent groups,” citing Boko Haram and IPOB as examples.

“We must not wait for a crisis to happen before we act,” Kehinde told the court.

Utomi’s lawyer, Mike Ozekhome (SAN), countered that the shadow government was not a parallel authority but a civic forum aimed at scrutinising government policies and offering solutions. He accused the DSS of attempting to criminalise dissent.

“They are trying to chain Nigerians with shackles stronger than those that dehumanised slaves over 500 years ago,” Ozekhome said, insisting the group had no executive, legislature or judiciary, but was simply a coalition of concerned citizens.

Despite his defence, the court ruled in favour of the DSS, barring Utomi and his associates from pursuing the project.