The Federal High Court in Abuja has barred Professor Pat Utomi from establishing a “shadow government” in Nigeria, ruling the move unconstitutional and void.
Delivering judgment on Monday, Justice James Omotosho agreed with the Department of State Services (DSS) that such a structure could undermine national peace and security.
Citing Section 1(1) and (2) of the 1999 Constitution, the judge emphasized that the constitution is supreme and makes no provision for a parallel or shadow government.
“There is no room in the constitution for a shadow government. Any participation in a government unknown to law will be struck down by this court,” Omotosho ruled.
The court also affirmed its jurisdiction over the matter. To address the novelty of the issues raised, eminent legal experts were invited as amici curiae (friends of the court) to provide professional perspectives before judgment.
The suit, filed by the DSS, saw arguments presented by its counsel, Akinlolu Kehinde (SAN), while Utomi was represented by Chief Mike Ozekhome (SAN). After months of deliberation, judgment was handed down on September 29, 2025.