Court Declares Pat Utomi’s Shadow Cabinet Unlawful, Calls It Threat To Stability

A Federal High Court in Abuja has barred Professor Pat Utomi and his associates from going ahead with plans to set up a shadow government or cabinet in Nigeria.

Justice James Omotosho issued the order on Monday while ruling on a suit filed by the Department of State Services (DSS), with Pat Utomi as the sole defendant.

The judge said the idea of a shadow cabinet is unconstitutional and does not fit Nigeria’s presidential system.

He added that Utomi and his team cannot hide behind the rights to freedom of expression or association to engage in illegal activities.

Justice Omotosho praised the DSS for filing the suit, noting that as the nation’s top security agency, it has the authority to act against moves that could threaten internal security.

The court agreed with the DSS that Utomi’s plan was intended to destabilize the country and could incite political unrest, intergroup tensions, or inspire other unlawful or separatist activities.

While acknowledging that Utomi has the right to freedom of speech and association, the judge stressed that these rights are not absolute and can be limited when national security or public order is at risk.

The court also said that although Utomi runs a civil society organization, forming a shadow government is invalid.

Justice Omotosho advised him to use proper channels to criticize the government, such as forming a political party or joining an existing one, and that a limited liability company cannot be used for political purposes.

The judge declared the proposed shadow cabinet unconstitutional, calling it an attempt to create a parallel authority not recognized under Nigeria’s 1999 Constitution (as amended).

He issued a permanent injunction, stopping Utomi and his associates from taking any steps toward establishing or operating any shadow government, shadow cabinet, or similar entity.

This comes weeks after Pat Utomi unveiled the cabinet members of his shadow government which will analyze and respond to FG’s policies with expert insights and constructive critiques.