The Federal High Court in Abuja has barred Professor Pat Utomi, and his associates from going ahead with their plan to set up a shadow government in Nigeria.
Delivering judgment in a suit instituted by the Department of State Services (DSS) on Monday, Justice James Omotosho held that the creation of a shadow government or cabinet is unconstitutional and alien to the country’s presidential system of governance.
The court order effectively restrained Utomi and his group from pursuing the initiative and upheld the arguments of the DSS that Utomi’s action portends danger to the peace and security of Nigeria.
The judge said he had perused the country’s constitution, and there was no part that supports the formation of a shadow or parallel government.
Citing Section 1(1) and (2) of the 1999 Constitution, the judge said the Constitution is supreme and binding on all citizens irrespective of political divides.“The Nigerian constitution makes no room for a shadow government.“
Therefore, any participation in any government which is unknown to law will be struck down by this court“I hereby declare the formation as void,” the judge ruled.
The judge also affirmed the jurisdictional power of the court to entertain the matter.The court, in dealing with the novel issues of “shadow government,” had invited some eminent legal experts for their professional inputs.
Justice Omotosho had, on July 10, fixed today for the judgment in the DSS’ suit against Utomi, a Professor of Political Economy and Management Expert.
The judge fixed the date after DSS’ counsel, Akinlolu Kehinde, SAN, Utomi’s lawyer, Mike Ozekhome, SAN, and the seven invited amici curiae (friends of the court) made their submissions for and against the suit.
