A Federal High Court in Abuja has declared Professor Pat Utomi’s attempt to establish a so-called “shadow government” unconstitutional, illegal, and invalid.
In a suit filed by the Department of State Services (DSS), Justice James Omotosho delivered judgment restraining Utomi and his associates from proceeding with the initiative.
In his ruling, Justice Omotosho held that Utomi and his allies cannot invoke the rights of association or freedom to criticize government as a shield for engaging in acts that fall outside constitutional boundaries.
He described the concept of a “shadow government” or “shadow cabinet” in Nigeria’s presidential system as alien and inconsistent with constitutional order.
The judge went further to declare that the organization registered with the Corporate Affairs Commission (CAC) — the Big Tent Coalition Shadow Government (BTCSG) — intended to drive the shadow government project, was ultra vires (beyond legal power).
Justice Omotosho permanently restrained Utomi and his associates from taking further actions toward establishing or operating the shadow government or cabinet.
Addressing arguments by the defendants that their rights were violated, the court held that fundamental rights are not absolute and may be constrained in order to protect national security and public order.
In the court’s view, the DSS acted within its mandate to prevent acts that could threaten internal security or encourage parallel power structures.
The case centres on a suit by DSS (FHC/ABJ/CS/937/2025), which challenged Utomi’s BTCSG initiative initiated in May, describing the shadow government as unconstitutional, capable of inciting unrest, and posing risks to national stability.
The DSS contended that in a constitutional democracy with an elected presidential government, establishing a parallel governing structure is impermissible and undermines the constitutional order.
With this judgment, Utomi’s ambition to operate a shadow government has been legally halted.
The court’s decision underscores that any political contestation or opposition activity must be conducted within the frameworks provided by the Constitution, principally through recognized political parties or other lawful channels.
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