THE Federal High Court (FHC) in Abuja has declared as unconstitutional the shadow government launched by political economist Pat Utomi, earlier this year, ruling that the move was alien to Nigeria’s presidential system of government.
The judge, James Omotosho, while delivering judgment in a suit filed by the State Security Service (SSS), held that the Nigerian Constitution made no provision for any alternative or parallel government outside the one established through elections.
“The constitution is supreme and binding on all citizens, irrespective of political divides. No section of the law allows for a shadow cabinet.,” the court said.
The judge said the defendant could not import foreign constitutional models to confuse Nigerians.
“Therefore, any participation in any government which is unknown to law will be struck down by this court. I hereby declared the formation as void,” the judge ruled.
The case, marked FHC/ABJ/CS/937/2025, was initiated in May after Utomi announced the formation of a shadow government under the Big Tent Coalition.
He described the initiative as a platform to provide credible opposition to President Bola Tinubu’s administration and unveiled a shadow cabinet in July, comprising academics, lawyers, and civil society figures tasked with analysing policies and proposing alternatives.
The SSS argued that the plan usurped executive authority, threatened national security, and could incite unrest similar to the 2020 #EndSARS protests. It urged the court to declare the initiative illegal and restrain Utomi and his associates from pursuing it.
In his defence, Utomi contended that the suit lacked merit, arguing that the shadow government was merely a civic engagement platform protected under the constitutional rights of expression, association, and political participation. He insisted that the SSS was attempting to criminalise opposition politics.
But Omotosho ruled that Nigeria’s constitutional framework did not recognise such a body. Citing sections 1 and 14 of the 1999 Constitution (as amended), he said governance in Nigeria could only be carried out by elected officials. “Any participation in government unknown to law will be struck down by this court,” he declared.
The court also dismissed Utomi’s objection to its jurisdiction, affirming its authority to entertain the matter. To address the novelty of the issues raised, the judge had earlier invited senior lawyers and amici curiae to make submissions before arriving at Monday’s decision.
Utomi’s shadow government had attracted both support and criticisms since its launch. He had argued that the initiative would serve as a policy watchdog, scrutinising government performance and offering solutions in areas such as the economy, education, healthcare, and security.
The ICIR reported that the project generated widespread controversy. Legal experts argued that while opposition politics and policy critique were legitimate, declaring a parallel government structure was inconsistent with Nigeria’s presidential system. Ilorin-based lawyer Moshood Ibrahim described the move as ‘treasonous,’ noting that only elected officials could govern under the Constitution.
However, some analysts downplayed fears over it. Laolu Akande, a former presidential spokesperson, described Utomi’s proposal as a harmless exercise in political thought rather than a threat to national security. He urged security agencies to focus on tackling pressing security challenges instead of targeting civic initiatives.
A reporter with the ICIR
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