Abuja, September 29, 2025 – The Federal High Court in Abuja has stopped Professor Pat Utomi from forming what he described as a “shadow government,” ruling that such a move is unconstitutional and poses a threat to Nigeria’s peace and security.
Delivering judgment on Monday, Justice James Omotosho upheld the arguments of the Department of State Services (DSS), which had approached the court to challenge the initiative.
Justice Omotosho stated that after reviewing the 1999 Constitution of the Federal Republic of Nigeria, there was no provision that recognized or permitted the creation of a parallel or shadow government.
Citing Section 1(1) and (2) of the Constitution, the judge emphasized that the document remains the supreme law of the land and is binding on all Nigerians regardless of political affiliations.
“The Nigerian constitution makes no room for 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,” Justice Omotosho ruled.
He also affirmed that the Federal High Court had jurisdiction to hear and determine the matter, stressing that the court could not allow any unconstitutional practice to thrive under its watch.
To properly address the novel legal issues raised in the case, the court had earlier invited eminent legal scholars and practitioners as amici curiae (friends of the court) to provide professional input.
The matter, which had attracted national attention, was filed by the DSS against Utomi, a renowned Professor of Political Economy and Management Expert.
On July 10, Justice Omotosho had adjourned proceedings to September 29 after listening to submissions from DSS counsel, Akinlolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN; and seven amici curiae, who presented arguments for and against the suit.
With the ruling, the court has effectively nullified any attempt to create a shadow or parallel government structure in Nigeria.
