29th September 2025, Law And Society, Governance And Development, News.
Photo Credit: Vanguard
Posted By Samuel Egburonu, Editor

The Federal High Court sitting in Abuja, today, Monday, 29th September 2025, declared unconstitutional, the Prof. Pat Utomi-led initiative to establish “a shadow government” in Nigeria.

Delivering the judgement, His Lordship, Justice James Omotosho, described the move as “unconstitutional and void.”

The court upheld the arguments of the Department of State Services (DSS) that “Utomi’s action portends danger to the peace and security of Nigeria.”

The learned judge said he had “perused the country’s constitution and there was no part that supports the formation of a shadow or parallel government.”

He cited sections 1(1) and (2) of the 1999 Constitution (as amended), and rules that “the Nigerian constitution makes no room for shadow government.”

He ruled: “Therefore, any participation in any government which is unknown to law will be struck down by this court.

“I hereby declare the formation as void,” the judge ruled.

In the suit, marked FHC/ABJ/CS/937/2025, instituted by the DSS, the federal government agency argued that Utomi’s initiative was “unconstitutional and posed a threat to national security.”

DSS urged the court to declare the move illegal.

According to DSS, Utomi’s initiative amounts to “a parallel authority not recognised by the 1999 Constitution (as amended).”

The DSS further contended that “the proposed shadow structure, if allowed, could incite unrest, embolden separatist groups, and destabilise the country’s democratic system.”

It therefore sought “a perpetual injunction restraining Utomi, his agents and associates from pursuing the project.”

We recall that in his final address on July 10, 2025, DSS counsel, Akinlolu Kehinde (SAN), said “Utomi lacked constitutional authority to establish any such government.

He likened the plan “to early warning signs of insurgent groups.

As he puts it: “We know how Boko Haram started, and even IPOB. We must not wait for crisis to happen before we act.”

But Utomi’s lawyer, Mike Ozekhome (SAN), had countered that “the initiative was not a parallel authority but a civic platform designed to scrutinise government policies and proffer solutions.

He argued that “branding it as subversive amounted to gagging Nigerians.

“They are trying to chain Nigerians with shackles stronger than those that dehumanised slaves over 500 years ago,” Ozekhome told the court.

He explained further that the group “neither has an executive, legislature nor judiciary, but is a coalition of like-minded citizens.”

He urged the court to “dismiss the suit as an attempt to criminalise dissent.”

Perhaps because of the uniqueness of the matter in issue, the court took opinions from seven amici curiae (friends of the court).

One of them, Joseph Daudu (SAN) described the nomenclature of “shadow government” as “dangerous and unconstitutional,”

But another, Joe Gadzama (SAN) warned that granting the DSS’ request could stifle free expression.

He noted that no evidence has been adduced to show that the initiative was a ploy to take over government or authority.

NewsOrient reports that Justice James Omotosho’s ruling today on the matter of Shadow Government in Nigeria is bound to be noted as a critical addition both to Nigeria’s jurisprudence and governance.

~ Published By NewsOrient Network

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