Court Restrains Pat Utomi From Forming Shadow Government, Say Move Illegal and Unconstitutional
Justice James Omotosho of the Federal High Court, Abuja, on Monday declared as illegal, unlawful, and unconstitutional the plan by political economist and 2007 presidential candidate of the African Democratic Congress (ADC), Prof. Pat Utomi, to establish a shadow government in Nigeria.
Delivering judgment in a suit instituted by the Department of State Services (DSS), Justice Omotosho issued an order restraining Prof. Utomi and his associates from proceeding with their proposal to set up a shadow cabinet or parallel government structure in the country.
The court held that the concept of a shadow government is alien to Nigeria’s constitutional democracy and inconsistent with the presidential system of government as enshrined in the 1999 Constitution (as amended). According to the judge, such an arrangement has no legal foundation within the nation’s jurisprudence.
Justice Omotosho further ruled that Prof. Utomi and his associates cannot rely on the constitutional right to freedom of association as a shield to engage in activities deemed unlawful. He stressed that while citizens are entitled to criticise government policies, such criticism must not translate into unconstitutional acts.
Commending the DSS for approaching the court, the judge affirmed that it was within the agency’s statutory mandate to take proactive steps to forestall actions capable of undermining Nigeria’s internal security and constitutional order.
