By John Umeh
A Federal High Court in Abuja has struck down plans by Professor Pat Utomi and his associates to form a “shadow government,” declaring the move unconstitutional and incompatible with Nigeria’s presidential system.
Delivering judgment on Monday, September 29, Justice James Omotosho ruled in favour of a suit filed by the Department of State Services (DSS), which sought to stop Utomi’s group from proceeding with the initiative.
According to the court, the Nigerian constitution makes no provision for any parallel or alternative government outside the one it establishes. Justice Omotosho stated that while citizens have the right to free association and to criticise government policies, that right cannot be used as a cover for unlawful activities.
Quoting Section 14(2)(c) of the 1999 Constitution, the judge said there is no allowance for a shadow cabinet or government within Nigeria’s system. “The defendant cannot use foreign constitutional models to confuse the people. Such a shadow government is hereby declared void,” he held.
Justice Omotosho commended the DSS for filing the suit, noting it was within the agency’s mandate to act against any move that could threaten the country’s internal security. The ruling effectively puts an end to Professor Utomi’s planned “shadow government,” which had sparked debates about alternative governance models in Nigeria.
