Court Declares Prof Pat Utomi’s Shadow Government Formation Unlawful, Illegal

Abuja, September 29, 2025

In a landmark ruling, the Federal High Court in Abuja has declared the plan by former presidential candidate, Professor Pat Utomi, to form a shadow government in Nigeria as illegal, unlawful, and unconstitutional.

Delivering judgment in a suit brought by the Department of State Services (DSS) against Utomi, Justice James Omotosho firmly restrained the political economist and his associates from proceeding with any plans to establish a shadow government or parallel cabinet structure in the country.

Justice Omotosho ruled that the concept of a shadow government is entirely alien to Nigeria’s presidential system of governance. According to the court, such a structure has no place under the 1999 Constitution (as amended) and poses a potential threat to national stability.
“The idea of a shadow government or cabinet is unconstitutional and not recognized under our presidential system of government,” the judge stated. “No individual or group can hide under the guise of freedom of association or the right to criticize government policies to carry out activities that are unlawful or capable of threatening internal security.”

The court emphasized that the rights to association and free speech do not extend to actions deemed subversive or unconstitutional. In this context, it held that the formation of a shadow government was not a legitimate form of political expression or dissent.
Justice Omotosho commended the DSS for taking preemptive legal action, noting that it was within the agency’s mandate to act against any perceived threat to the nation’s internal security.
“The DSS was right to approach the court in order to prevent actions that could undermine the constitutionally established order,” the judgment read in part.

The ruling sends a clear message about the limits of political opposition and civic engagement in Nigeria, particularly as debates continue about reforms and democratic practices within the country’s governance framework.
Prof Pat Utomi, a well-known public intellectual and former presidential aspirant, had previously announced intentions to form a shadow government aimed at monitoring and offering alternative policy solutions to the current administration. That plan has now been formally halted by the court.
There has been no immediate response from Prof Utomi or his legal team as of press time.