The Federal High Court in Abuja has restrained former presidential candidate, Professor Pat Utomi, and his associates from proceeding with plans to establish a shadow government in Nigeria.
In a judgment delivered on Monday, Justice James Omotosho ruled that the initiative was unlawful, unconstitutional, and a nullity in law.
The suit, marked FHC/ABJ/CS/937/2025, was filed by the Department of State Services (DSS) through its lead counsel, Akinlolu Kehinde (SAN), with Utomi listed as the sole defendant.
The DSS alleged that Utomi, through public statements and social media platforms, had announced the formation of a shadow government—a move the agency argued was intended to challenge the legitimacy of Nigeria’s democratically elected administration and mislead the public.
According to the DSS, the proposed structure was “an unregistered and unrecognised entity” that sought to function as an alternative authority, in violation of the 1999 Constitution. It further warned that, if allowed to continue, the initiative could destabilise the country, fuel unrest, embolden separatist groups, and threaten national security.
Utomi’s Defence
In response, Utomi, represented by his counsel Mike Ozekhome (SAN), filed a preliminary objection urging the court to dismiss the suit for lack of jurisdiction.
He argued that the DSS had disclosed no reasonable cause of action under the National Security Agencies Act and maintained that forming a shadow cabinet amounted to civic political engagement protected under Sections 39 and 40 of the Constitution.
Utomi described the DSS action as speculative and aimed at criminalising freedoms of expression and association guaranteed to all Nigerians.
Court’s Ruling
Justice Omotosho, however, upheld the DSS’s arguments, declaring that the concept of a shadow government is alien to Nigeria’s presidential system and inimical to the Constitution.
“The defendant and his associates cannot shelter under the canopy of fundamental rights to pursue unlawful and unconstitutional ends,” the judge ruled, noting that fundamental rights are not absolute and may be curtailed in the interest of public order and security.
The court further held that Big Tent Limited, the company under which Utomi operated, could not legally serve as a vehicle for political activity. Justice Omotosho stated that if Utomi wished to criticise or monitor government, the lawful path would be to form or join a political party, not to establish a parallel authority.
Consequently, the court declared the shadow government initiative unconstitutional, null and void, and issued a perpetual injunction restraining Utomi, his agents, or associates from taking any further steps towards its establishment.
Justice Omotosho commended the DSS for seeking judicial interpretation, affirming that the agency acted within its mandate to forestall acts capable of undermining national security.
