ABUJA: The Federal High Court in Abuja has ruled against a plan by Professor Pat Utomi to establish a shadow or parallel government, declaring the idea unconstitutional.
Delivering judgment in a suit filed by the Department of State Services (DSS), Justice James Omotosho held that Nigeria’s 1999 Constitution (as amended) does not recognize a shadow cabinet since the country operates a presidential system, unlike the United Kingdom’s parliamentary model which allows such structures.
The judge emphasized that opposition parties in Nigeria can only criticize government policies and seek power through democratic elections, not by creating a parallel authority.
He described the concept of a shadow government as “strange” to Nigeria’s constitutional order and warned that it amounts to setting up an authority not backed by law.
While acknowledging that Professor Utomi relied on freedom of expression, Justice Omotosho stressed that such rights are not absolute, especially when they threaten national stability.
He noted that attempts to form a parallel government could cause confusion and pose risks to peace and security.
Consequently, the court issued a perpetual injunction restraining Utomi and any other individuals or groups from taking further steps to establish or operate a shadow government or any similar body not recognized by the Constitution.
