The Federal High Court in Abuja has declared the formation of a “shadow government” by political economist and convener of the Big Tent, Prof. Pat Utomi, as unconstitutional and a usurpation of executive powers.
Delivering judgment on Wednesday, Justice Inyang Ekwo Omotosho ruled that the Nigerian Constitution makes no provision for the establishment of a shadow government under the nation’s presidential system.
“The idea of a shadow government is unknown to the Nigerian Constitution and amounts to a usurpation of executive powers,” the judge held.
“Unlike the parliamentary system where opposition parties form shadow cabinets for oversight and policy alternatives, the presidential system does not recognise such a concept.”
Justice Omotosho noted that even in other presidential democracies such as the United States, opposition parties are not permitted to create parallel authorities in the name of shadow governments.
“Opposition parties can criticise government policies, but they cannot set up a parallel structure of governance,” the judge ruled.
The court rejected Utomi’s claim that his initiative under the Big Tent Association was merely a civic and advocacy exercise.
Justice Omotosho described the move as “an anathema to the Constitution and laws of Nigeria,” warning that allowing such a structure could “lead to the formation of multiple shadow governments, thereby threatening the fragile cohesion of the nation.”
The court also dismissed Utomi’s preliminary objection challenging the jurisdiction of the court and the locus standi of the Department of State Services (DSS) to file the suit.
Justice Omotosho held that the DSS acted within its statutory powers in matters relating to internal security.
Consequently, the judge granted all three reliefs sought by the DSS, including a perpetual injunction restraining Prof. Utomi and his associates from establishing or operating any shadow government or similar entity in Nigeria.
However, Justice Omotosho clarified that the judgment does not restrict citizens or opposition figures from exercising their democratic rights to criticise government policies, as long as such actions remain within the bounds of the law.
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