Court voids Pat Utomi’s shadow govt, says concept alien to Nigeria’s system

Abiola Olawale
Writer
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By Obinna Uballa

A federal high court in Abuja on Monday restrained Pat Utomi, professor of political economy, and his associates from proceeding with their plan to establish a shadow government in the country.

Delivering judgment in a suit filed by the Department of State Services (DSS) on Monday, Justice James Omotosho declared that the concept of a shadow government or cabinet is unconstitutional and foreign to Nigeria’s presidential system of government.

The New Diplomat reports that on May 5, Utomi announced his shadow government initiative under the Big Tent Coalition, describing it as a credible opposition to the Bola Tinubu administration.

The DSS, however, filed suit FHC/ABJ/CS/937/2025 on May 14, arguing that the move usurped executive authority and could destabilise the country. Despite the pushback, Utomi in July unveiled members of his shadow cabinet to “provide policy alternatives to the federal government.”

The initiative drew immediate criticism from government officials. Mohammed Idris, minister of information and national orientation, maintained that “Nigeria is not a parliamentary system where such a system is practised, and there is no provision for such in our statute books. While opposition politics is a central feature of democracy, it must be practised at all times within the bounds of propriety.”

The DSS also warned that the project could trigger unrest similar to the 2020 #EndSARS protests, with potential for riots and large-scale violence.

In a preliminary objection filed on June 24, Utomi asked the court to dismiss the suit, insisting that the agency lacked both merit and legal standing. He argued that the DSS was attempting to criminalise constitutionally guaranteed rights such as freedom of expression, association, and political participation under sections 39 and 40 of the 1999 Constitution (as amended).

But in his ruling, Omotosho held that Nigeria’s constitution does not recognise any parallel or alternative government.

“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people,” the judge ruled.

“Such a shadow government is hereby declared void.”

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