The Federal High Court in Abuja has stopped Professor of Political Economy, Pat Utomi, and his associates from proceeding with plans to establish a shadow government in Nigeria.
Delivering judgment in a suit filed by the Department of State Services (DSS), Justice James Omotosho ruled on Monday that the idea of a shadow government or cabinet is unconstitutional and incompatible with Nigeria’s presidential system.
The court order restrains Utomi and his group from pursuing the initiative, siding with the DSS’ argument that such an action poses a threat to national peace and security.
Justice Omotosho, after reviewing the 1999 Constitution, declared that no provision permits the creation of a shadow or parallel government. Citing Section 1(1) and (2), he stressed that the Constitution remains supreme and binding on all citizens regardless of political affiliation.
“The Nigerian Constitution makes no provision for a shadow government. Therefore, any participation in any government unknown to law will be struck down by this court. I hereby declare the formation as void,” the judge ruled.
He further affirmed the Federal High Court’s jurisdiction to entertain the matter. Given the novelty of the issues raised, the court had earlier invited seven eminent legal experts as amici curiae (friends of the court) to provide professional input.
Justice Omotosho had fixed September 29 for judgment after listening to submissions from DSS counsel Akinlolu Kehinde (SAN), Utomi’s lawyer Mike Ozekhome (SAN), and the amici curiae on July 10.
