JUST IN: Court Rules Pat Utomi, Others’ Plan to Form Shadow Government Unconstitutional

The Federal High Court in Abuja has declared the proposed shadow government initiative by Pat Utomi, a political economy professor and former presidential candidate, unconstitutional and not recognized under Nigerian law.

Judge James Omotosho delivered the ruling on Monday, effectively barring Mr Utomi and his associates from proceeding with the plan, which they described as a way to hold the Nigerian government accountable. The judge noted that the idea contradicts Nigeria’s presidential system and could mislead citizens. He emphasized that the constitution does not allow for any parallel or alternative government.

“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people. Such a shadow government is hereby declared void,” Judge Omotosho stated.

The legal dispute began when the State Security Service (SSS) sued Mr Utomi over the proposed initiative, calling it unconstitutional and seeking to stop him and his team from pursuing it. Mr Utomi argued that his plan falls under his rights to freedom of expression and association.

Due to the case’s complexity, seven senior lawyers were invited as amicus curiae to provide submissions, which were sharply divided between supporting the SSS and defending Mr Utomi’s civic initiative. After considering their arguments, the judge ruled that while Mr Utomi retains his constitutional rights, those rights do not extend to creating a shadow government, which could potentially destabilize society.

More details will follow.