The Federal High Court in Abuja has halted an attempt by renowned political economist, Prof. Pat Utomi, to establish what he described as a “shadow government,” ruling that such a move has no legal foundation under Nigerian law and poses a potential threat to national stability.
Delivering judgment on Monday, Justice James Omotosho declared Utomi’s proposed shadow government “unconstitutional, null, and void,” siding with arguments presented by the Department of State Services (DSS), which warned that the plan could undermine peace and security in the country.
“I have carefully examined the provisions of the 1999 Constitution and found no section that permits the formation of a shadow or parallel government,” Justice Omotosho stated. “The constitution is supreme and binding on all citizens regardless of political affiliations. Any attempt to establish a government unknown to the law will be struck down by this court.”
Citing Section 1(1) and (2) of the 1999 Constitution, the judge emphasized that the supremacy of the constitution leaves no room for any governance structure outside what it prescribes. He further ruled that participation in such an unconstitutional setup is unlawful and unenforceable.
The court also affirmed its jurisdiction to hear and determine the case, which had generated widespread public interest due to its unprecedented nature. In an unusual move to ensure a thorough legal review, the court had earlier invited seven eminent legal experts to serve as amici curiae (friends of the court), offering professional opinions on the legality and implications of forming a shadow government in Nigeria.
The ruling followed a suit filed by the DSS against Utomi, a respected scholar and management expert, arguing that his planned initiative could destabilize the nation’s democratic framework. Counsel for the DSS, Akinlolu Kehinde, SAN, and Utomi’s lawyer, Chief Mike Ozekhome, SAN, presented their final arguments before Justice Omotosho on July 10, after which the judgment was reserved for September 29.
With Monday’s decision, the court has set a significant legal precedent on attempts to create alternative governance structures outside the Nigerian constitutional framework, sending a clear message that such initiatives will not be tolerated.
