In a significant legal victory for the Department of State Services (DSS), a Federal High Court sitting in Abuja has declared the creation of a shadow government by Professor Pat Utomi and his associates illegal and unconstitutional.
The court, presided over by Justice James Omotosho, ruled on Monday that Utomi’s attempt to set up a parallel structure of governance under the guise of a “shadow government” violates the Nigerian Constitution. The judgment comes in response to a suit filed by the DSS, which challenged the legality of the initiative launched earlier this year.
What the Court Said
Justice Omotosho held that while the Constitution guarantees the right to freedom of association and expression, these rights are not absolute and must not be used as a cover for actions that undermine national security or constitutional order.
He emphasized that if Utomi and his collaborators wish to influence governance or offer political alternatives, the proper channel is to form or join a registered political party—not to set up unauthorized political structures outside the framework of the Constitution.
The court also declared that the organization registered by Utomi with the Corporate Affairs Commission—the Big Tent Coalition Shadow Government (BTCSG)—exceeds the legal powers allowed for such associations, rendering its objectives unlawful.
DSS’s Position Vindicated
The DSS had argued that Utomi’s proposed “shadow government” was not only unconstitutional but also a potential threat to Nigeria’s internal stability. According to the agency, such structures could spark political unrest, encourage separatist agendas, and create a dangerous precedent by attempting to run a parallel authority not sanctioned by law.
In its suit (FHC/ABJ/CS/937/2025), the DSS requested the court to declare the shadow government initiative null and void, and to restrain Utomi and his group from taking further steps toward establishing or operating any similar parallel governance structure.
The judge agreed, stating that it was within the DSS’s constitutional mandate to take proactive measures against potential threats to internal security. He commended the agency for seeking legal redress rather than resorting to force or intimidation.
A Reminder on Constitutional Limits
While Utomi had described his “shadow government” initiative, launched in May, as a “national emergency response” aimed at offering alternative governance models, the court clarified that the Nigerian Constitution does not provide for such parallel structures under a presidential system.
Justice Omotosho noted that under Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended), all governmental authority must operate strictly within the constitutional framework.
What’s Next?
With this ruling, Utomi and his allies are legally restrained from pursuing their shadow government plans. If they wish to effect change, the path forward—according to the court—is through legitimate political participation.
This judgment sends a strong message: while activism and political engagement are welcomed in a democracy, they must operate within constitutional boundaries to maintain peace, order, and national unity.
