The Federal High Court in Abuja has stopped Professor of Political Economy, Pat Utomi, and his allies from executing their plan to establish a shadow government in Nigeria.
In a judgment delivered on Monday in a case filed by the Department of State Services (DSS), Justice James Omotosho ruled that creating a shadow government or cabinet is unconstitutional and incompatible with the country’s presidential system.
The ruling restrains Utomi and his team from continuing with the initiative and supports the DSS’ argument that such a move poses a threat to Nigeria’s peace and security.
The judge stated that after reviewing the Constitution, he found no provision that permits the establishment of a shadow or parallel government.
Referring to Section 1(1) and (2) of the 1999 Constitution, he emphasized that the Constitution is supreme and binding on every citizen regardless of political affiliation.
“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.
He also confirmed that the court had the jurisdiction to hear and determine the case.
Because the matter involved novel issues around the concept of a “shadow government,” the court invited several distinguished legal experts to provide their professional opinions.
Justice Omotosho had earlier, on July 10, fixed today for judgment in the DSS’ case 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 amici curiae (friends of the court) presented their arguments for and against the suit.
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