A Federal High Court in Abuja has declared as illegal and unconstitutional the attempt by political economist, Prof. Pat Utomi, and some of his associates to establish a shadow government in Nigeria.
Delivering judgment on Monday, Justice James Omotosho ruled that Utomi and his group cannot rely on the constitutional right to freedom of association to pursue what he described as an unlawful initiative.
The suit was filed by the Department of State Services (DSS), which argued that the shadow government project could undermine national security. Justice Omotosho agreed, declaring the plan “null, void and unconstitutional.”
He added that Utomi and his associates should either form or join a political party if they wish to participate in governance or provide constructive opposition. The judge also ruled that the registration of Utomi’s group, the Big Tent Coalition Shadow Government (BTCSG), with the Corporate Affairs Commission (CAC) was beyond the law’s scope and therefore invalid.
On the issue of human rights, the court held that while freedoms are guaranteed under the Constitution, they are not absolute and must be exercised within the bounds of law. Justice Omotosho said the actions of Utomi and his associates were “dangerous and unjustifiable.”
Commending the DSS for initiating the case, the court ruled that the agency acted within its constitutional mandate to prevent actions capable of threatening Nigeria’s internal security.
The DSS had argued that the shadow government concept was alien to Nigeria’s presidential system and could incite unrest, cause intergroup tensions, and embolden separatist movements. The agency urged the court to stop Utomi from proceeding with the initiative.
Utomi launched the BTCSG in May, describing it as a “national emergency response.” But the DSS warned that such a parallel structure could destabilize the country and sought a perpetual injunction to restrain him and his associates from further pursuing the plan.
In its ruling, the court upheld the DSS’s position and barred Utomi and his group from taking further steps toward establishing any shadow government or similar entity not recognized by the Constitution.
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