A Federal High Court in Abuja has prohibited Professor of Political Economy, Pat Utomi, and his collaborators from moving forward with plans to establish a parallel, or “shadow”, government in Nigeria.
Delivering the judgment on Monday in a suit brought by the Department of State Services (DSS), Justice James Omotosho ruled that the idea of a shadow government or cabinet is “unconstitutional and an alien concept”, to the nation’s presidential system of governance.
Utomi, operating under the Big Tent Coalition, had announced the shadow government initiative on May 5, positioning it as a credible opposition structure to the current administration of President Bola Tinubu.
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Just nine days later, on May 14, the DSS filed a suit—marked FHC/ABJ/CS/937/2025—seeking to have the initiative declared illegal, arguing that it amounted to a usurpation of executive authority.
In July, Utomi proceeded to unveil the members of his shadow cabinet, stating their purpose was to “provide policy alternatives to the federal government.”
The Federal Government, FG, had previously voiced its strong opposition to the plan.
Mohammed Idris, Minister of Information and National Orientation, stated that Nigeria does not operate a parliamentary system where such a concept is practised, adding that “there is no provision for such in our statute books.”
The DSS also issued a warning, suggesting that such actions could lead to public disorder, similar to the 2020 #EndSARS protests.
Utomi filed a preliminary objection on June 24, seeking to dismiss the DSS suit.
He argued that the DSS had no legal standing and was attempting to criminalise the constitutionally protected rights to freedom of expression, association, and political participation guaranteed under Sections 39 and 40 of the 1999 Constitution.
However, Justice Omotosho dismissed Utomi’s claims, stating that the Nigerian Constitution does not recognise any alternative government outside the legally established structure.
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“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people,” the judge declared.
He ruled by stating, “Such a shadow government is hereby declared void.”
