The Federal High Court in Abuja has barred Professor of Political Economy, Pat Utomi, and his associates from proceeding with their plan to establish a shadow government in Nigeria.
Delivering judgment in a suit filed by the Department of State Services (DSS) on Monday, Justice James Omotosho held that the creation of a shadow government or cabinet is unconstitutional and alien to the country’s presidential system of governance.
The court order effectively restrained Utomi and his group from pursuing the initiative and upheld the DSS’ argument that Utomi’s action posed a threat to the peace and security of Nigeria.
Justice Omotosho said he had carefully examined the nation’s constitution and found no provision that supports the formation of a shadow or parallel government.
Citing Section 1(1) and (2) of the 1999 Constitution, the judge emphasized that the Constitution is supreme and binding on all citizens regardless of political affiliations.
“The Nigerian constitution makes no room for a shadow government. Therefore, any participation in any government which is unknown to law will be struck down by this court. I hereby declare the formation as void,” the judge ruled.
The judge also affirmed the jurisdictional power of the court to hear and determine the matter.
In addressing the novel issues surrounding the concept of a “shadow government,” the court had earlier invited eminent legal experts to provide professional input.
Justice Omotosho had, on July 10, fixed September 29 for judgment in the DSS’ suit against Utomi, a Professor of Political Economy and Management Expert. The date was set after DSS counsel Akinlolu Kehinde, SAN, Utomi’s lawyer Mike Ozekhome, SAN, and seven invited amici curiae (friends of the court) made submissions for and against the suit.