Court: Utomi’s Shadow Govt Unconstitutional

Alex Enumah in Abuja

A Federal High Court in Abuja, yesterday, declared as unlawful and unconstitutional the proposed shadow government/cabinet by former presidential candidate, Professor Pat Utomi, and his associates.

Justice James Omotosho, who handed down the ruling, made an order restraining Utomi and his associates from taking any further steps in their bid to establish a shadow government/cabinet in the country.

The judge made the order while delivering judgement in the suit by Department of State Services (DSS).

According to the court, the concept of shadow government/cabinet is unconstitutional and alien to the country’s presidential system of government.

Besides, the court held that Utomi and his associates could not hide under the rights of association to criticise the government and engage in unlawful activities.

The DSS had sued Utomi over his planned establishment of a shadow government/ cabinet in the country.

The service alleged that the move was not only unconstitutional but capable of creating chaos in the country, hence, the court should restrain him and his associates from going ahead with their plan.

Delivering judgement in the suit marked: FHC/ABJ/CS/937/2025, the judge commended the DSS for filing the suit, and added that it was within the powers of the security agency to take steps to prevent acts capable of threatening the country’s internal security.

Omotosho upheld the argument by DSS’ lawyer, Akinlolu Kehinde, SAN, that the move by Utomi and his associates to form a shadow government/cabinet was intended to create chaos and destabilise the country.

Omotosho, in addition, agreed with the plaintiff that, not only was the planned shadow government an aberration, it constitutes a grave attack on the constitution and a threat to the democratically elected government that is currently in place.

He held that such a structure, styled as a shadow government/cabinet, if left unchecked, might incite political unrest, cause intergroup tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which posed a grave threat to national security.

Omotosho held that although the defendant was entitled to enjoy the rights to freedom of expression and to associate, such rights were not absolute.

Besides, the court observed that although the defendant claimed to be running a civil society organisation, his decision to form a shadow government was a nullity.

Omotosho stated that there were existing avenues through which people could criticise the government, which the defendant could explore, but not to take unconstitutional steps, like forming shadow government/cabinet.