The federal high court in Abuja has declared the shadow government initiative launched by political economist Pat Utomi illegal, ruling that it violates the Nigerian constitution.
In a judgment delivered on Monday in a suit filed by the Department of State Services (DSS), Justice James Omotosho barred Utomi and his associates from pursuing the project, holding that no provision exists in Nigeria’s presidential system for a parallel government.
How it started
On May 5, Utomi, under the platform of the Big Tent Coalition, announced plans to run a shadow government as a credible opposition to the Bola Tinubu administration. By July, he had gone ahead to unveil members of his “shadow cabinet” to provide policy alternatives.
The DSS, however, sued on May 14, insisting the move usurped executive authority and posed a threat to public order. The suit, marked FHC/ABJ/CS/937/2025, asked the court to declare the initiative unconstitutional.
Government officials also opposed the move. Information minister Mohammed Idris warned at the time that “Nigeria is not a parliamentary system where such a system is practised, and there is no provision for such in our statute books.”
Security fears
The DSS argued that the initiative could spark unrest similar to the 2020 #EndSARS protests.
Utomi, in response, asked the court to dismiss the case, contending that the DSS lacked legal standing and was attempting to criminalise freedoms of expression, association and political participation guaranteed under sections 39 and 40 of the 1999 Constitution.
But Justice Omotosho upheld the DSS’s argument, ruling that the constitution does not permit any structure outside the government it recognises.
“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people,” he said.
The court consequently declared Utomi’s shadow government void.
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