The Federal High Court in Abuja has stopped Pat Utomi, a professor of political economy, and his allies from carrying out their plan to establish a shadow government in Nigeria.
Justice James Omotosho ruled on Monday in a complaint brought by the Department of State Services that the formation of a shadow government or cabinet is unconstitutional and incompatible with the country’s presidential style of governance.
The court decision essentially stopped Utomi and his group from pursuing the effort and supported the DSS’s position that Utomi’s actions pose a threat to Nigeria’s peace and security.
The judge stated that he had reviewed the country’s constitution and found no provision that supported the formation of a shadow or parallel administration.
Citing Section 1(1) and (2) of the 1999 Constitution, the judge stated that the Constitution is supreme and binding on all citizens irrespective of political divides.
“The Nigerian constitution makes no room for a shadow government.
“Therefore, any participation in any government that is unknown to law will be struck down by this court.
“I hereby declare the formation as void,” the judge ruled.
The judge also affirmed the court’s jurisdiction to hear the dispute.
In dealing with the new challenges of “shadow government,” the court summoned some eminent legal experts to provide professional opinion.
On July 10, Justice Omotosho scheduled the verdict in the DSS’s complaint against Utomi, a political economy professor and management expert, for today.
The judge set the date after DSS counsel Akinlolu Kehinde, SAN, Utomi’s lawyer Mike Ozekhome, SAN, and the seven invited amici curiae (friends of the court) presented their arguments for and against the complaint.
