Court bars Pat Utomi from forming shadow government
The Federal High Court in Abuja has restrained Professor Pat Utomi from establishing a “shadow government” in Nigeria, declaring the move unconstitutional and a threat to national security.
Delivering judgment on Monday, Justice James Omotosho upheld the arguments of the Department of State Services (DSS) that Utomi’s proposed action could undermine peace and stability in the country.
The judge ruled that the 1999 Constitution makes no provision for a parallel or shadow government, stressing that Section 1(1) and (2) of the Constitution affirms its supremacy over all citizens regardless of political leanings.
“The Nigerian Constitution makes no room for shadow government. Therefore, any participation in a government unknown to law will be struck down by this court. I hereby declare the formation as void,” Justice Omotosho said.
He also affirmed the jurisdiction of the Federal High Court to entertain the matter, noting that the DSS acted within its powers in challenging the legality of Utomi’s move.
The News Agency of Nigeria (NAN) reports that, due to the novelty of the case, the court had earlier invited seven eminent legal experts as amici curiae (friends of the court) to provide professional input.
The matter had been adjourned on July 10 after final submissions were taken from DSS counsel, Akinlolu Kehinde (SAN), Utomi’s lawyer, Chief Mike Ozekhome (SAN), and the amici curiae.
