Court rules Utomi’s ‘shadow government’ unconstitutional

The Federal High Court in Abuja has ruled that Professor Pat Utomi’s attempt to create a “shadow government” or “shadow cabinet” is unconstitutional.

The decision followed a legal challenge by the Department of State Services (DSS).

In a judgment delivered in case number FHC/ABJ/CS/937/2025, Justice James Omotosho stated that any attempt to establish an alternative government outside the provisions of Nigeria’s constitution is “foreign to our legal system and could lead to disorder.”

The case was filed by DSS, represented by Akinlolu Kehinde, SAN its counsel.

The security agency sought judicial clarification on Utomi’s proposal, which had attracted national criticism after he announced plans to form a “shadow cabinet” under the Big Tent Association (BTA).

DSS requested the court to determine whether a citizen or group could lawfully create a shadow government that the constitution does not recognize and whether such an act would constitute an attempt to usurp governmental authority.

The court agreed with DSS, noting that allowing Utomi’s actions to continue could pose a threat to national security and undermine the authority of the democratically elected government.

Justice Omotosho stated, “A group presenting itself as a shadow government could encourage civil disobedience and challenge the authority of the state.”

He further explained that the concept of a shadow government does not fit within Nigeria’s presidential system, unlike in parliamentary democracies like the United Kingdom.

“Even in the United States, which follows a similar presidential system, there is no provision for a shadow government or cabinet,” the judge noted.

The court rejected Utomi’s defense, put forward by his lawyer, Mike Ozekhome, SAN, that his actions were protected by the right to freedom of expression and association.

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Justice Omotosho clarified that these rights are not absolute and can be restricted when they threaten public order or national security.

“The right to freedom of expression and association cannot be exercised in ways that undermine the constitution or jeopardize national security,” the judge emphasized.

While acknowledging the right of citizens and civil society groups to critique the government and engage in policy discussions, the court ruled that attempts to establish a parallel government violate Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended).

As a result, the court granted all three requests made by DSS, including issuing a permanent injunction barring Utomi and his associates from taking any further steps to form or operate a shadow government or cabinet.