A federal high court in Abuja has issued an order restraining 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, James Omotosho, presiding judge, declared that the concept of a shadow government or cabinet is unconstitutional and an alien concept to the nation’s presidential system of government.
On May 5, Utomi announced his shadow government initiative under the Big Tent Coalition, describing it as a credible opposition to the President Bola Tinubu administration.
On May 14, the DSS initiated a suit against Utomi over the launch, arguing that it usurped executive authority.
In the suit marked FHC/ABJ/CS/937/2025 and filed at the federal high court, Abuja, the secret police sought the declaration of the shadow government initiative as illegal.
In July, Utomi unveiled members of his shadow cabinet to “provide policy alternatives to the federal government”.
The federal government had kicked against the concept, with Mohammed Idris, minister of information and national orientation, stating 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 had also warned that such actions could culminate in the 2020 #EndSARS protests, with the capacity to cause public disorder, riots, and large-scale violence if not stopped.
In a preliminary objection filed on June 24, Utomi asked the court to dismiss the DSS suit in its entirety, arguing that it lacked merit and legal standing.
He claimed that the DSS had not demonstrated a reasonable cause of action under the National Security Agencies Act and that the subject of the suit involving civic engagement, formation of a shadow cabinet, and public policy discourse falls outside the agency’s statutory duties as defined under section 2(3) of the Act.
Utomi contended that the DSS was attempting to criminalise constitutionally protected rights such as freedom of expression, association, and political participation — all of which are guaranteed under sections 39 and 40 of the 1999 Constitution (as amended).
However, in his judgment, Omotosho held that Nigeria’s constitution does not recognise any parallel or alternative government outside the one it provides for.
“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.”
