COURT DECLARES UTOMI’S SHADOW GOVERNMENT ILLEGAL
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By Aishat Momoh. O.
The Federal High Court in Abuja has declared the move by former presidential candidate, Prof. Patrick Utomi, to establish a shadow government in Nigeria as unconstitutional and illegal.
Delivering judgment on Monday, Justice James Omotosho ruled that the formation of a shadow cabinet is unknown to the 1999 Constitution (as amended) and incompatible with the presidential system of government practised in the country.
The ruling followed a suit filed by the Department of State Services (DSS), marked FHC/ABJ/CS/937/2025, which sought to restrain Utomi and his associates from proceeding with the plan.
Justice Omotosho agreed with the DSS that the shadow government posed a threat to national security, stressing that while citizens have the right to criticise government, such rights do not extend to creating parallel structures outside constitutional provisions.
The DSS had accused Utomi, who ran as the African Democratic Congress (ADC) presidential candidate in 2007, of attempting to usurp the executive powers of President Bola Tinubu. According to the agency, the move could destabilise the country, incite unrest, and embolden separatist groups.
Court filings revealed that Utomi had announced the inauguration of a shadow cabinet, including an Ombudsman and Good Governance unit, a policy delivery team, and a council of economic advisers.
The DSS argued that these actions violated sections 1(1), 1(2), and 14(2a) of the Constitution, which vest sovereignty in the Nigerian people and governance only in democratically elected institutions.
Justice Omotosho subsequently granted the DSS’s prayers, restraining Utomi and his associates from further pursuing the shadow government initiative.
The court emphasised that any attempt to create a parallel authority undermines Nigeria’s constitutional democracy and amounts to a grave security threat.
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