AfriPulse
A Federal High Court in Abuja has ruled that Pat Utomi’s proposed Shadow Government is unconstitutional and void.
Justice James Omotosho, delivering judgment in a suit filed by the Department of State Services (DSS), held that the 1999 Constitution contains no provision for the establishment of a parallel or alternative government.
He stated that such a structure could threaten national peace and security.
Citing Sections 1(1), 1(2), and 14(2)(c) of the Constitution, the judge affirmed its supremacy over all citizens. “The defendant cannot use foreign constitutional models to confuse the people. Such a shadow government is hereby declared void,” he ruled.
To support the court’s decision, Justice Omotosho invited legal experts to serve as amici curiae—neutral advisers—who provided opinions on the legality of Utomi’s initiative.
The case arose from a suit (FHC/ABJ/CS/937/2025) filed by the DSS after Utomi announced his Shadow Government under the Big Tent Coalition on May 5, describing it as an opposition platform to the administration of President Bola Tinubu.
The DSS argued that the move attempted to usurp executive authority and warned it could lead to unrest, referencing the 2020 #EndSARS protests.
Read also: “Shadow govt”: Pat Utomi prays court to dismiss DSS’ suit for being incompetent
Mohammed Idris, Minister of Information and National Orientation, also criticised the initiative, noting that Nigeria operates a presidential, not parliamentary, system and that no law permits such a structure.
In response, Utomi filed a preliminary objection on June 24, asking the court to dismiss the DSS suit.
He argued that the agency lacked the legal basis to initiate the case and that his actions were protected under Sections 39 and 40 of the Constitution, which guarantee freedom of expression, association, and political participation.
He also claimed the DSS was acting beyond its statutory powers under the National Security Agencies Act.
However, the court held that any form of government not recognised by the Constitution is unlawful.
Justice Omotosho confirmed the court’s jurisdiction and ruled in favour of the DSS, declaring the Shadow Government unconstitutional.
Source: Businessday.ng | Read the Full Story…
