Court Declares Utomi’s ‘Shadow Govt’ Unconstitutional, DSS Wins Case

• Form political parties, not parallel govt, judge tells Utomi, associates

• Says DSS acted within rights to challenge unconstitutional group

Alex Enumah in Abuja 

A Federal High Court sitting in Abuja has declared the attempt by Professor Pat Utomi and his associates to establish a shadow government as illegal, unlawful, and unconstitutional.
In a judgment delivered on Monday, Justice James Omotosho ruled in favor of the Department of State Services (DSS), which had filed a suit challenging the legality of the shadow government initiative.
The court held that Utomi and his group cannot rely on the constitutional right to freedom of association to engage in actions deemed unlawful under the guise of political criticism.
Justice Omotosho described the move as “null, void, and of no legal effect,” stating that if Utomi and his associates wish to influence governance, they should either form or join a registered political party and participate through democratic means.
The court also ruled that the organization registered by Utomi with the Corporate Affairs Commission (CAC), known as the Big Tent Coalition Shadow Government (BTCSG), exceeded its legal bounds and had no constitutional basis for its intended purpose.
It ruled that the lawsuit filed by the DSS against Professor Utomi and his associates did not violate their fundamental human rights. Instead, the court found that the actions of the defendants were dangerous and unjustifiable.
Justice Omotosho emphasized that while fundamental rights are constitutionally guaranteed, they are not absolute and are subject to limitations, particularly when national security is at stake.
Commending the DSS for its decision to seek judicial clarification, the judge held that it was within the agency’s constitutional mandate to take preventive steps against actions that could threaten Nigeria’s internal security.
The suit followed Utomi’s announcement in May of the Big Tent Coalition Shadow Government (BTCSG), which he described as a “national emergency response.” The DSS responded by approaching the Federal High Court to determine the legality and constitutionality of such a concept within Nigeria’s presidential system of governance.
In the suit, marked FHC/ABJ/CS/937/2025, the DSS argued that the idea of a “shadow government” is alien to the Nigerian Constitution and poses a potential threat to national stability. According to the agency, the initiative could incite political unrest, deepen intergroup tensions, and embolden separatist or unlawful entities to establish similar parallel structures.
The DSS further warned that with a democratically elected government already in place, any attempt to establish a parallel authority—such as a “shadow government” or “shadow cabinet”—is unconstitutional and could destabilize the country.
As part of its prayers, the DSS asked the court to declare the proposed shadow structure as illegal and contrary to Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended). The agency also sought a perpetual injunction to restrain Utomi, his agents, and associates from taking further steps to establish or operate any such unauthorized entity.
The court granted the DSS’s request, ruling that no group or individual is permitted to establish any form of governance structure outside what is clearly outlined in the Nigerian Constitution.