The Federal High Court in Abuja has ruled against Professor Pat Utomi’s plan to set up a shadow government in Nigeria, declaring the move unconstitutional.
Justice James Omotosho delivered the judgment on Monday, September 29, 2025, in a case filed by the Department of State Services (DSS). The court issued an order restraining Utomi and his associates from forming or running any parallel government.
According to Justice Omotosho, Nigeria operates a presidential system of government under the 1999 Constitution, modeled after the United States. He explained that the idea of a shadow cabinet is a concept from the Westminster parliamentary system used in countries like the United Kingdom, Canada, and Australia. Such structures, he said, do not exist within Nigeria’s legal framework.
The judge stressed that while citizens have the right to free speech and association, such rights are not absolute. He warned that using these freedoms to create a parallel authority could threaten national security.
“The attempt by Mr. Utomi and others to establish a shadow government is unlawful and dangerous to Nigeria’s stability,” Justice Omotosho ruled. He added that the DSS acted within its powers to stop activities that could undermine internal security.
The court emphasized that Sections 1(1) and 2(1) of the Constitution remain supreme and binding on all Nigerians. Any form of government not recognized by the Constitution is invalid.
Justice Omotosho concluded that Utomi’s action could lead to confusion and anarchy if allowed, and therefore restrained him and his group from pursuing the shadow cabinet plan.
