The Federal High Court in Abuja has declared Professor Pat Utomi’s shadow government initiative illegal, unlawful, and unconstitutional.
Delivering judgment on Monday in a suit filed by the Department of State Services (DSS), Justice James Omotosho ruled that Utomi and his associates cannot hide under the right of association to justify actions deemed unlawful.
The court nullified the Big Tent Coalition Shadow Government (BTCSG), which Utomi registered with the Corporate Affairs Commission, describing it as ultra vires. The judge stressed that political engagement must occur through constitutionally recognised parties—either by forming a new one or joining an existing political party.
On human rights concerns, Justice Omotosho clarified that fundamental rights are not absolute, affirming that the DSS acted within its mandate to prevent acts capable of threatening national security.
The DSS had filed the case shortly after Utomi launched the BTCSG in May, describing it as a “national emergency response.” According to the secret police, the shadow government concept was alien to Nigeria’s Constitution and could trigger political unrest, intergroup tensions, or embolden separatist groups.
The court upheld the DSS arguments, declaring that any parallel governmental authority outside the 1999 Constitution is null and void. Justice Omotosho further granted a perpetual injunction restraining Utomi and his associates from advancing the shadow government agenda.
This ruling effectively halts Utomi’s initiative and reinforces Nigeria’s constitutionally established frameworks as the sole avenue for political participation.
