The Federal High Court, Abuja, has declared the planned formation of a “shadow government” by former presidential candidate, Prof. Pat Utomi, as unconstitutional, null and void.
The court, presided over by Justice James Omotosho, held that the concept of a shadow government is unknown to Nigeria’s presidential system of governance and poses a threat to national security and constitutional order.
The judgment followed a suit filed by the Department of State Services (DSS), seeking judicial interpretation on the legality of Utomi’s plan to establish a shadow cabinet under the platform of the Big Tent Association (BTA).
In its case, the DSS stated that Utomi’s announcement of a shadow government and allocation of portfolios to his associates was capable of undermining the authority of the constitutionally recognised government and could incite civil unrest.
Justice Omotosho agreed with the argument, ruling that while citizens have the right to freedom of expression and association, such rights are not absolute and cannot be exercised in ways that threaten public order or the constitutional framework.
“A shadow government cannot be allowed free rein, as it is capable of causing chaos in the country,” the judge said.
The court takes the view that a reasonable man on the streets of Nigeria is more likely to see the shadow government as a usurpation of executive powers.”
The judge further noted that unlike the parliamentary system where opposition parties form shadow cabinets for oversight and policy alternatives the Nigerian Constitution under the presidential system makes no such provision.
Not only in Nigeria, even in other presidential systems such as the United States, there is no space for shadow governments,” he said. “Opposition parties can criticise the government, but they cannot create a parallel authority.
Justice Omotosho faulted Utomi’s argument that his shadow cabinet was merely a civic exercise under the Big Tent Association, describing the move as an “anathema to the Constitution and laws of Nigeria.”
“Allowing the defendant to establish a shadow government as of right could lead to the formation of several such governments, threatening the fragile cohesion of the nation,” the court ruled.
The court dismissed Utomi’s preliminary objection challenging the jurisdiction of the court and the locus standi of the DSS to institute the suit, holding that the agency was within its mandate to act on matters relating to internal security.
Justice Omotosho subsequently granted all three reliefs sought by the DSS, including a perpetual injunction restraining Utomi and his associates from taking any further steps toward establishing or operating a shadow government or similar entity.
The judge, however, clarified that the ruling does not bar Utomi or any citizen from exercising their democratic rights to criticise government policies, provided such actions remain within the bounds of the law.
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