The Federal High Court in Abuja, has declared as unconstitutional, the attempt by former presidential hopeful, Professor Pat Utomi, to establish a “shadow government” or “shadow cabinet” in Nigeria, following a legal challenge filed by Department of State Services (DSS).

Delivering judgement in the suit marked FHC/ABJ/CS/937/2025, Justice James Omotosho held that the establishment of any form of alternative or parallel government outside the provisions of the constitution “is strange, an anathema to our laws, and capable of causing anarchy.”

The case, instituted by DSS through its counsel, Akinlolu Kehinde, SAN, sought judicial interpretation of Utomi’s plan, which had drawn nationwide criticism after he announced the formation of a “shadow cabinet” under the aegis of the Big Tent Association (BTA).

The security agency asked the court to determine whether any citizen or group could lawfully create a shadow government not recognised by the constitution and whether such an action amounted to an attempt to usurp governmental powers.

In its ruling, the court agreed with DSS that Utomi’s actions, if allowed to continue, could undermine national security and the authority of the democratically elected government.

“A group calling itself a shadow government is capable of inciting civil disobedience to constituted authority,” Omotosho declared.

He further reasoned that the concept of a shadow government did not exist under Nigeria’s presidential system, unlike in parliamentary democracies, such as the United Kingdom.

“Even in the United States, from where we adopted the presidential system, there is no space for a shadow government or cabinet,” the judge said.

The court also rejected Utomi’s argument, advanced through his counsel, Mike Ozekhome, SAN, that his actions were protected by rights to freedom of expression and association.

Omotosho held that such rights “are not absolute” and could be limited in the interest of public order and safety.

He said, “The right to expression and association cannot be exercised to the detriment of the constitution or to threaten the internal security of the nation.”

While acknowledging that citizens and civic groups had the right to criticise the government and engage in policy discourse, the court ruled that setting up a parallel authority under any guise violated Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended).

Consequently, the judge granted all three reliefs sought by DSS, including a perpetual injunction restraining Utomi and his associates from taking any further steps towards forming or operating a shadow government or cabinet. (THISDAY)