Court bars Pat Utomi from forming shadow govt

The Federal High Court in Abuja has barred Professor Pat Utomi and his associates from establishing a “shadow government” in Nigeria, declaring the move unconstitutional and a threat to national security.

Delivering judgment on Monday, Justice James Omotosho issued a perpetual injunction against Utomi following a suit filed by the Department of State Services (DSS).

The court held that the Nigerian Constitution does not recognise shadow governments, describing them as alien to the presidential system practised in the country. Unlike in parliamentary systems, such as the United Kingdom, where opposition parties form shadow cabinets, Justice Omotosho noted that Nigeria’s Constitution provides no such provision.

He said Utomi’s action, even under the guise of freedom of expression and association, amounted to creating a parallel authority that could destabilise the country. The judge stressed that fundamental rights are not absolute and could be limited to protect public order and security.

Omotosho further faulted the use of Big Tent Limited, a registered company, as a political vehicle, saying it contravened the Companies and Allied Matters Act (CAMA) 2020. He advised Utomi and his group to form or join a political party if they wish to oppose government policies.

The court agreed with the DSS that the plan could incite unrest, encourage separatist groups, and undermine the elected government. “Any governmental structure outside the constitution is null and void,” the judge ruled.

The judgment followed submissions from DSS counsel Akinlolu Kehinde (SAN), Utomi’s lawyer Chief Mike Ozekhome (SAN), and seven amici curiae (friends of the court) invited to give expert opinions.