The Federal High Court in Abuja, on Monday, barred Prof. Pat Utomi from establishing “a shadow government” in the country, describing the move as “illegal, unconstitutional and void.”
Justice James Omotosho issued the order on Monday while delivering judgment on a suit filed by the Department of State Services (DSS) against Utomi.
He declared the concept of a shadow government/cabinet as unconstitutional and an alien concept to the nation’s presidential system of government.
The judge held that Utomi and his associates cannot hide under the rights of association and to criticise the government to engage in unlawful activities.
He commended the plaintiff for filing the suit and held, among others, that it was within the right of the DSS to take steps to prevent acts capable of threatening the nation’s internal security.
Citing Section 1(1) and (2) of the 1999 Constitution, the judge said the constitution is supreme and binding on all citizens irrespective of political divides.
“The Nigerian constitution makes me room for shadow government.
“Therefore, any participation in any government which is unknown to law will be struck down by this court
“I hereby declared the formation as void,” the judge ruled.
The judge also affirmed the jurisdictional power of the court to entertain the matter
