The Federal High Court in Abuja on Monday stopped political economist, Professor Pat Utomi, and his associates from going ahead with their plan to set up a shadow government in Nigeria.
Delivering judgment in a suit filed by the Department of State Services, Justice James Omotosho ruled that the creation of a shadow cabinet is unconstitutional and unknown to Nigeria’s presidential system of government.
The court held that Utomi’s proposed initiative could threaten peace and security in the country, as argued by the DSS.
Justice Omotosho said after examining the 1999 Constitution, there was no provision that permits the establishment of a parallel or shadow government.
“The Nigerian Constitution makes no room for a shadow government. 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 declared.
Citing Section 1(1) and (2) of the Constitution, he reaffirmed its supremacy and binding effect on all Nigerians, regardless of political affiliations.
The court also confirmed its jurisdiction to hear the case.
To address the novel legal questions raised, Justice Omotosho had earlier invited seven eminent legal experts as amici curiae (friends of the court) to provide professional input before fixing judgment for September 29.
Counsel to the DSS, Akinlolu Kehinde (SAN), and Utomi’s lawyer, Mike Ozekhome (SAN), had presented arguments before the final ruling.
