The Federal High Court in Abuja has ruled that the shadow government recently announced by former presidential candidate, Prof. Pat Utomi, is unconstitutional and illegal.
Delivering judgment on Monday, Justice James Omotosho held that the formation of a “shadow government” or “shadow cabinet” has no basis in Nigeria’s 1999 Constitution (as amended) or the presidential system of government practiced in the country.
Consequently, the court issued an order restraining Prof. Utomi and his associates from going ahead with the initiative, ruling that while citizens have the right to criticize or hold the government accountable, such rights cannot be used as a cover for unlawful activities.
DSS Suit Against Utomi
The judgment followed a suit filed by the Department of State Services (DSS), marked FHC/ABJ/CS/937/2025, in which the agency accused Utomi of attempting to usurp the executive powers of President Bola Tinubu.
The DSS argued that the shadow government plan amounted to creating a parallel authority not recognized by law, warning that it posed a grave threat to national security and constitutional democracy. According to the agency, such a structure could incite political unrest, breed intergroup tensions, and embolden separatist groups or other unlawful actors.
The DSS maintained that sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution explicitly prohibit the governance of Nigeria outside the structures provided for within the Constitution. It insisted that sovereignty belongs to the Nigerian people and can only be exercised through legally established institutions.
Shadow Cabinet Details
The DSS revealed that Utomi had announced a shadow government comprising several individuals, including Dele Farotimi as head of the Ombudsman and Good Governance portfolio, as well as a Policy Delivery Unit made up of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga. He also unveiled a council of economic advisers.
According to the DSS, public statements and social media announcements from Utomi and his associates were capable of misleading Nigerians, undermining confidence in the elected government, and fueling disaffection against the state.
Court’s Decision
The court agreed with the DSS, holding that the initiative was not only unconstitutional but also capable of destabilizing the country. Justice Omotosho ruled that the intelligence agency acted within its mandate by seeking judicial intervention to stop an action that posed a “clear and present danger” to Nigeria’s democratic system.
The judge therefore granted the prayers of the DSS, declaring Utomi’s shadow government “null, void, and of no legal effect,” while also issuing a perpetual injunction restraining Utomi, his agents, or associates from pursuing the project further.
