The Federal High Court in Abuja has delivered a landmark ruling, restraining Professor Pat Utomi from creating what he described as a “shadow government” in Nigeria. The presiding judge, Justice James Omotosho, ruled that the move was “unconstitutional and void.”
In his judgment, Justice Omotosho emphasized that the country’s legal framework does not provide for any form of shadow or parallel governance.
“The Nigerian constitution makes no room for shadow government. Therefore, any participation in any government which is unknown to law will be struck down by this court. I hereby declared the formation as void,” he declared.
The ruling followed arguments presented by the Department of State Services (DSS), which maintained that Utomi’s initiative could threaten national peace and security. Justice Omotosho agreed, affirming the supremacy of the Constitution of the Federal Republic of Nigeria (1999). He cited Section 1(1) and (2), underscoring that the constitution remains binding on every citizen irrespective of political affiliation.
The court also confirmed its jurisdiction over the matter. To ensure fairness, it had previously sought the expert opinions of seven eminent legal scholars, serving as amici curiae (friends of the court), to weigh in on the novel concept of a shadow government.
The ruling comes months after submissions by DSS counsel Akinlolu Kehinde, Senior Advocate of Nigeria (SAN), alongside Utomi’s lawyer, Chief Mike Ozekhome, SAN.
Professor Utomi, a renowned Political Economist and Management Expert, had argued in favor of his plan, but the court held that such an arrangement stands outside the Nigerian legal order.
okay.ng reports that the judgment sets a strong precedent against any attempt to establish governance structures not recognized by the constitution.
