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Court rules Utomi’s planned shadow government unconstitutional.
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DSS argued it posed threat to democracy and national security.
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Justice Omotosho’s ruling bars establishment of parallel authority.
A Federal High Court sitting in Abuja has ruled that the plan by Professor Pat Utomi to establish what he described as a “shadow government” in Nigeria is unconstitutional.
Justice James Omotosho delivered the judgment on Monday, affirming that the proposal violated the provisions of the 1999 Constitution as amended.
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EKO HOT BLOG reports that the case was instituted by the Department of State Services (DSS), which argued that Utomi’s proposed arrangement posed a serious threat to national security and democratic governance. The suit, marked FHC/ABJ/CS/937/2025, sought the court’s interpretation of the legality of the initiative.
The DSS told the court that the planned shadow government was not only an aberration but also amounted to a grave attack on the Constitution and the authority of the democratically elected government in place.
It warned that if allowed to stand, such a structure could incite political unrest, fuel intergroup tensions, and embolden separatist movements to create similar parallel arrangements.
“The structure styled as a ‘shadow government,’ if left unchecked, may incite political unrest, cause intergroup tensions, and embolden other unlawful actors or separatist entities to replicate similar arrangements, all of which pose a grave threat to national security,” the DSS argued.
In its submissions, the security agency requested the court to declare the proposed “shadow government” or “shadow cabinet” unconstitutional and tantamount to creating a parallel authority not recognized under the Nigerian Constitution.
It further sought a declaration that, pursuant to Sections 1(1), 1(2), and 14(2)(a) of the Constitution, the establishment or operation of any government structure outside the provisions of the law is illegal and void.
Justice Omotosho upheld the DSS’s arguments and ruled that the plan violated constitutional provisions, stressing that only duly elected governments are recognized under Nigerian law.
The judgment effectively bars Utomi and his associates from going ahead with the planned structure.
