The Federal High Court in Abuja has restrained political economist and convener of the “Big Tent” coalition, Prof. Pat Utomi, from establishing or operating what he described as a “shadow government,” declaring the initiative unconstitutional and a threat to Nigeria’s democratic order.
Delivering judgment on Monday, Justice James Omotosho held that the concept of a shadow government or cabinet is alien to Nigeria’s 1999 Constitution (as amended) and cannot be imported into the country’s presidential system.
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The suit was filed by the Department of State Services (DSS), with Utomi as sole defendant.
After dismissing Utomi’s preliminary objections, the court issued a perpetual injunction restraining him, his associates, and agents from proceeding with the plan.
Justice Omotosho relied on Sections 1(1) and 1(2) of the Constitution, which affirm its supremacy, and Section 14(2)(a), which vests sovereignty in the people through constitutionally recognized institutions.
He said any attempt to create alternative governance structures outside the Constitution is null and void.
“While freedom of expression and association are guaranteed rights, they are not absolute,” the judge said, emphasizing that such rights must be exercised within the bounds of public safety, order, and constitutional authority.
The court agreed with the DSS that creating a shadow government could incite political unrest, confuse the public, and undermine the legitimacy of the elected government.
Justice Omotosho also faulted the use of Big Tent Limited, a limited liability company, as the platform for Utomi’s initiative.
He ruled that a corporate entity registered for commercial purposes cannot be repurposed to form political or governmental structures.
“This court finds that a company limited by liability cannot, under any guise, be converted into a political association to run a government, whether in shadow form or otherwise,” the judge declared.
Recalled earlier this year, in an interview with a newspaper, Utomi defended the necessity of a shadow government, stressing that he had operated similar platforms for years without controversy.
He suggested the sudden uproar was because “the current government is afraid of the people.”
He also dismissed the possibility of a court outlawing the initiative, insisting it was not unlawful to establish a platform to hold government accountable. “It is about strengthening democracy, not undermining it,” he had argued.
Given the unique issues raised, Justice Omotosho invited amici curiae (friends of the court), senior legal experts from across the country to make submissions.
Their opinions, he noted, enriched his final decision.
The ruling effectively halts Utomi’s plan to set up a shadow cabinet to mirror the policies of the current administration. It also sets a precedent limiting civil society groups or opposition movements from experimenting with alternative governmental structures outside the Constitution.
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