The Federal High Court in Abuja has ruled that the decision of former presidential candidate, Prof. Patrick Utomi, to establish a shadow government in Nigeria is illegal and unconstitutional.
Delivering judgment on Monday, Justice James Omotosho held that such a formation is alien to the 1999 Constitution (as amended) and the presidential system of government Nigeria operates.
The ruling came after the Department of State Services (DSS) filed a suit, marked FHC/ABJ/CS/937/2025, seeking to stop the move. The court agreed with the DSS that the shadow cabinet posed a potential threat to national security, and subsequently restrained Utomi and his associates from proceeding with the plan.
According to the DSS, Utomi’s action amounted to an attempt to usurp the executive powers of President Bola Tinubu and could destabilise the nation by creating chaos, fuelling political unrest, and encouraging separatist tendencies.
The court further emphasised that under Sections 1(1), 1(2), and 14(2)(a) of the Constitution, no authority or structure outside those provided for in the Constitution is recognised.
The DSS noted that Utomi had already announced members of the shadow cabinet, including an Ombudsman portfolio, a Policy Delivery Unit, and a Council of Economic Advisers. It warned that such activities could weaken public confidence in Nigeria’s democratically elected government and incite disorder.
Justice Omotosho, in granting the reliefs sought by the DSS, issued an order of perpetual injunction restraining Utomi, his agents, and associates from further steps towards the establishment of any shadow government or cabinet.
What you should know
The Federal High Court has barred Prof. Patrick Utomi from running a shadow government, declaring it unconstitutional and a threat to national security.
The DSS, which initiated the suit, argued that such a move could undermine Nigeria’s democratic system and stability. The ruling reinforces that governance in Nigeria can only be carried out through structures provided for under the 1999 Constitution.
