Abuja Court to Rule on Pat Utomi’s ‘Shadow Government ‘ Case Monday

Abuja Court to Rule on Pat Utomi’s ‘Shadow Government’ Case Monday

 

A Federal High Court in Abuja will on Monday, September 29, deliver judgment in a suit filed by the Department of State Services (DSS) against Professor Pat Utomi over his plan to establish what he described as a “shadow government.”

 

The DSS is seeking a declaration that the initiative is unconstitutional and an order restraining Utomi and his associates from further pursuing the structure, arguing that it threatens national security and undermines the authority of the democratically elected government.

 

In his submission, DSS counsel, Akinlolu Kehinde (SAN), warned that the creation of a shadow government could incite unrest and set a dangerous precedent for parallel governance structures. “The establishment or operation of any governmental authority outside the provisions of the Constitution is null and void,” he told the court.

 

Utomi’s lawyer, Professor Mike Ozekhome (SAN), countered that the suit seeks to muzzle legitimate criticism of government policies. He emphasised that the shadow government is composed of like-minded individuals and an ombudsman, with no legislative, executive, or judicial powers. “The initiative is aimed at scrutinising government actions and offering solutions in areas such as education and law. It does not seek to overthrow the government,” he argued.

 

Legal experts called to advise the court offered differing perspectives. Joseph Daudu (SAN) expressed concern over the terminology “shadow government,” warning that it could be misinterpreted as an attempt to bypass the legitimate government. Conversely, Joe Gadzama (SAN) argued that there was no evidence of any constitutional breach, cautioning that restricting the initiative could stifle civic engagement.

 

Other legal authorities, including Mrs Miannaya Essien (SAN) and Professor Ademola Popoola of Obafemi Awolowo University, noted that the legal assessment should focus on the activities of the initiative rather than its nomenclature. Former NBA President Yakubu Maikyau (SAN) commended the DSS for seeking judicial clarification rather than taking unilateral action, noting that the initiative has existed for over 15 years without official recognition.

 

The court’s decision is expected to have far-reaching implications for civic activism, freedom of expression, and the boundaries of constitutional authority in Nigeria.