A Federal High Court in Abuja has prohibited Prof. Pat Utomi from founding a “shadow government,” ruling that such a move is unconstitutional and void.
The Federal High Court in Abuja, on Monday, restrained Prof. Pat Utomi from forming a so-called “shadow government,” declaring the initiative “unconstitutional and void.” Justice James Omotosho upheld the position of the Department of State Services (DSS), which had argued that the move threatened Nigeria’s peace and security.
In his judgment, the judge emphasized that “the constitution is supreme and binding on all citizens irrespective of political divides,” citing Section 1(1) and (2) of the 1999 Constitution. He added, “Therefore, any participation in any government which is unknown to law will be struck down by this court,” and formally declared the proposed formation void.
Justice Omotosho also affirmed that the court had the jurisdiction to entertain the DSS suit. The matter had earlier involved submissions from DSS’s counsel, Utomi’s lawyer, and seven invited amici curiae, before the judgment was delivered.