AfriPulse
Justice James Omotosho of the Federal High Court, Abuja, on Monday, restrained a Professor of Political Economy, Pat Utomi, and his associates from proceeding with plans to establish a shadow government in Nigeria.
The judge, who delivered judgment in a suit filed by the Department of State Services (DSS), ruled that the creation of a shadow cabinet was unconstitutional and incompatible with Nigeria’s presidential system of government.
He upheld the DSS’ argument that such an initiative posed potential risks to national peace and security.
Justice Omotosho stated that after carefully reviewing the 1999 Constitution, he found no provisions supporting the establishment of a shadow or parallel administration.
He cited Section 1(1) and (2) of the constitution, and stressed that it was binding on all citizens regardless of political affiliations.
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“The Nigerian constitution makes no room for a shadow government. Therefore, any participation in any government that is unknown to the law will be struck down by this court. I hereby declare the formation as void,” he ruled.
The judge also confirmed the jurisdiction of the court to entertain the case.
Given the novelty of the issue, the court had previously invited eminent legal experts to provide their professional perspectives.
Submissions were made by DSS counsel, Akinlolu Kehinde (SAN); Utomi’s lawyer, Mike Ozekhome (SAN); and seven amici curiae (friends of the court).
Judgment was then scheduled and delivered on Monday, following the initial hearing held on July 10.
Source: RipplesNigeria | Read the Full Story…
