Federal High Court in Abuja has declared the plan by political economist and former presidential candidate Pat Utomi to establish a shadow government illegal.
Justice James Omotosho delivered the ruling on Monday in the suit marked FHC/ABJ/CS/937/2025, filed by the Department of State Services (DSS).
The DSS asked the court to stop Mr Utomi and his associates from going ahead with the proposal, arguing that it amounted to creating a parallel authority not recognised by the 1999 Constitution.
It also described the idea as a threat to the country’s security and democratic order.
In his ruling, Justice Omotosho held that the constitution does not provide for any parallel or alternative government.
He said, “Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people. Such a shadow government is hereby declared void.”
The judge added that while Utomi is entitled to rights of expression and association, those rights must operate within the limits of the law and do not extend to forming a shadow government.
The dispute began after Utomi, a former presidential candidate of the African Democratic Congress (ADC) in 2007, announced the idea of forming a shadow government which he said was intended to hold the Nigerian government accountable.
The DSS, however, filed a suit against him, calling it unconstitutional.
At the hearing on July 10, Justice Omotosho invited seven senior lawyers to serve as amicus curiae.
Their submissions were divided, with some backing the DSS and others supporting Utomi’s right to proceed.
The court reserved judgement until September 29.
On Monday, the judge barred Utomi from pursuing the plan, ruling that such a move could mislead citizens and cause instability.
