A Federal High Court in Abuja has issued an order restraining Professor Pat Utomi and his associates from proceeding with their plan to establish a shadow government/cabinet in the country.
Justice James Omotosho issued the order on Monday in a judgment on a suit marked: FHC/ABJ/CS/937/2025 filed by the Department of State Services (DSS), with Utomi as the sole defendant.
Justice Omotosho declared the idea of a shadow government/cabinet as unconstitutional and a concept alien to the nation’s presidential system of government.
The judge held that Utomi and his associates cannot hide under the rights to freedom of association and expression to engage in unlawful activities.
He commended the plaintiff for filing the suit and held among others, that it was within the powers of the DSS, being a premier national security agency, to take steps to prevent acts capable of threatening the nation’s internal security.
Justice Omotosho upheld the argument by DSS’ lawyer, Akinlolu Kehinde (SAN) that the move by Utomi and his associates to form a shadow government/cabinet was intended to create chaos and destabilise the country.
The judge also agreed with the plaintiff that, not only is the planned shadow government an aberration, it constitutes a grave attack on the Constitution and a threat to the democratically elected government that is currently in place.
He held that such a structure, styled as a shadow government/cabinet, if left unchecked, may incite political unrest, cause intergroup tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which pose a grave threat to national security.
Justice Omotosho held that although the defendant is entitled to enjoy the rights to freedom of expression and to associate, such rights are not absolute.
He further held that the two rights being claimed by the defendant can legally be violated in some instances, particularly where there is the need to protect the society from anarchy and breakdown of law and order.
The judge held that, in the interest of the security of the country, such rights (freedom of expression and association) do not exist for the defendant, warning that the court will not sit idle to allow the defendant to cause confusion in the country.
The judge noted that the shadow government/cabinet being planned by Utomi and others portends a danger to the stability and safety of the country.
He said Utomi although claimed to be running a civil society organisation, his decision to form a shadow government is a nullity.
The judge noted that there are existing avenues through which people could criticise the government, which the defendant could explore, but not to take unconstitutional steps, like forming shadow government/cabinet.
Justice Omotosho also faulted the forum adopted by Utomi and his associates, noting that the Big Tent Limited, a limited liability company under which the defendant claimed to be operating cannot be used as a vehicle for political purposes as was done in this case.
He said should Utomi and his associates wish to set up a platform to criticise and monitor the government, they should either form a political party or join existing one, not to use a limited liability company for political purposes.
He proceeded to issue an order declaring the purported shadow government/cabinet being planned by Utomi and his associates as unconstitutional and amounts to an attempt to create a parallel authority not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Justice also declared that under Sections 1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). is unconstitutional, null, and void.
The judge issued an order of perpetual injunction, restraining Utomi, his agents and associates “from further taking any steps towards the establishment or operation of a shadow government, shadow cabinet or any similar entity not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
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