A Federal High Court sitting in Abuja will on Monday, September 29, deliver judgment in a suit filed by the Department of State Services (DSS) challenging the legality of an alleged plan by Professor Pat Utomi and his associates to establish a “shadow government” in Nigeria.
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Presiding judge, Justice James Omotosho, fixed the date for judgment after hearing arguments from counsel to the parties and considering the submissions of seven amici curiae invited by the court.
The DSS, in suit number FHC/ABJ/CS/937/2025, argues that the concept of a “shadow government” is alien to the Nigerian Constitution and poses a threat to national stability. According to the agency, such a parallel structure, under the guise of governance, could incite unrest, heighten intergroup tensions, and embolden separatist elements, thereby undermining the country’s internal security.
The DSS contends that with a democratically-elected government in place, any attempt to form a rival authority such as a shadow cabinet violates constitutional provisions and could lead to political instability.
In its prayers, the agency asks the court to declare the purported shadow government or cabinet unconstitutional, null, and void, arguing it amounts to the creation of a parallel authority not recognized by the 1999 Constitution (as amended).
Additionally, the DSS seeks a declaration that, pursuant to Sections 1(1), 1(2), and 14(2)(a) of the Constitution, any governmental authority or structure established outside the framework of the Constitution is illegal. It also seeks a perpetual injunction restraining Utomi and his associates from proceeding with any steps toward the creation or operation of a shadow government or similar entity.
In his final submission on July 10, DSS counsel Akinlolu Kehinde (SAN) maintained that Utomi lacks any constitutional backing to form a shadow government. He argued that while freedom of expression is protected, such freedoms do not extend to actions that threaten the authority or stability of the Nigerian state.
Noting that no matter how genuine Prof. Utomi’s concerns may be, no individual or group has the right to set up an alternative governance structure outside the law, Kehinde warned that that the right to freedom ends where it begins to infringe on national order. “We must not allow the cat to get out of the cage before chasing it.”
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