Court bars Pat Utomi from forming shadow government

By Kunle Sanni –

A Federal High Court in Abuja has stopped Pat Utomi, professor of political economy, and his allies from pursuing their plan to establish a shadow government in Nigeria.

According to a report by The Cable, Justice James Omotosho, while delivering judgment, held that the initiative was unconstitutional and incompatible with the country’s presidential system.

The case was brought before the court by the Department of State Services (DSS), which argued that Utomi’s plan usurped executive authority. The suit, filed on May 14 and marked FHC/ABJ/CS/937/2025, sought a declaration that the shadow cabinet launched under Utomi’s Big Tent Coalition was illegal.

Utomi first announced the initiative on May 5, presenting it as a credible opposition platform to the administration of President Bola Tinubu. In July, he unveiled members of a “shadow cabinet” tasked with providing policy alternatives to the federal government.

The federal government and security agencies strongly opposed the move. Information Minister Mohammed Idris said Nigeria operates a presidential system that does not provide for a shadow government, warning that opposition politics must remain within constitutional limits. The DSS also cautioned that such activities could fuel unrest similar to the 2020 #EndSARS protests.

In a preliminary objection filed on June 24, Utomi urged the court to dismiss the suit, arguing that the DSS lacked legal grounds and that his initiative fell within the constitutional rights of expression, association, and political participation. He maintained that the agency was attempting to criminalise civic engagement.

However, Justice Omotosho ruled that the constitution does not permit any parallel or alternative government structure.

“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people,” the judge stated.