Justice James Omotosho Rules Pat Utomi’s “Shadow Government” Unconstitutional, Bars Implementation

Abuja, Nigeria – September 29, 2025

A Federal High Court in Abuja has declared Prof. Pat Utomi’s plan to establish a “shadow government” in Nigeria as unconstitutional, void, and illegal. The order also restrains Utomi and his associates from proceeding with the initiative.

The suit was instituted by the Department of State Services (DSS), which challenged Utomi’s proposal as an unauthorized parallel structure that undermines constitutional governance.

Justice James Omotosho issued the judgment, holding that the 1999 Constitution provides no allowance for a “shadow government” or cabinet outside of its prescribed institutions.

The court cited Sections 1(1), 1(2), and 14(2)(a) of the Constitution, which affirm the supremacy of the Constitution and state that governance must proceed according to its provisions not via extra-constitutional bodies.

With the ruling, Utomi and his team are barred from further steps to establish the “shadow government.” The judge declared the plan “null, void and unconstitutional,” and held that it could not hide behind it’s constitutional right of association in order to criticize the government or demand accountability.

He also determined that the association Utomi registered with the Corporate Affairs Commission (CAC) for the purpose of sponsoring his “shadow government” the Big Tent Coalition Shadow Government (BTCSG) — is ultra vires, i.e. beyond the legal power of the Constitution.

In its suit, the DSS argued that:

• Utomi’s plan threatened national security, could incite unrest, and confuse the public.

• The proposed “shadow government” lacked any constitutional backing and was akin to attempting to mimic or usurp executive powers.

In response, the court acknowledged Utomi’s freedom of expression and association but emphasized that those rights are not absolute and cannot extend to creating unlawful parallel authorities.

The ruling directs Pat Utomi and his associates either to cease efforts toward the “shadow government” or to channel their political engagement through recognized constitutional avenues, such as by forming or joining a political party.

Observers note that the decision sets a precedent on how Nigeria’s judicial system treats attempts to instantiate freedom of association and expression.

Many viewed Utomi’s bid as a bold experiment in political accountability.