Court declares Pat Utomi’s planned shadow government illegal
By Jeffrey Agbo
A Federal High Court in Abuja has stopped Prof. Pat Utomi from setting up what he described as a “shadow government,” ruling that the move is unconstitutional.
Delivering judgment on Monday, Justice James Omotosho upheld the Department of State Services’ (DSS) argument that Utomi’s plan posed a threat to national peace and security.
Omotosho, after reviewing the 1999 Constitution, held that no provision supports the creation of a parallel or shadow government.
“The Nigerian constitution makes me room for shadow government.
“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.
Citing Section 1(1) and (2) of the Constitution, he reiterated that the document is supreme and binding on all citizens regardless of political persuasion.
The judge also affirmed the court’s jurisdiction to hear the matter, noting that because of the novel nature of the case, eminent legal experts had been invited as amici curiae (friends of the court) to provide professional guidance.
Justice Omotosho had reserved judgment on July 10 after hearing submissions from DSS counsel Akinlolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN; and seven amici curiae.
