Court bans Pat Utomi’s shadow cabinet, declares it unconstitutional

A federal high court in Abuja has struck down the shadow government initiative launched by political economist Pat Utomi, ruling that the idea is unconstitutional and incompatible with Nigeria’s presidential system.

Delivering judgment on Friday in a suit brought by the Department of State Services (DSS), Justice James Omotosho on Monday restrained Utomi and his associates from pursuing the project, describing it as “an alien concept” that has no place in the country’s governance framework.

Utomi had on May 5 unveiled the shadow government under his Big Tent Coalition, pitching it as a credible opposition platform to provide policy alternatives to the Bola Tinubu administration.

The DSS swiftly filed suit FHC/ABJ/CS/937/2025 on May 14, contending that the initiative usurped executive powers and could threaten national stability. Despite the case, Utomi went ahead in July to announce members of his shadow cabinet.

The federal government strongly opposed the plan. Mohammed Idris, minister of information and national orientation, stressed at the time that “Nigeria is not a parliamentary system where such a system is practised, and there is no provision for such in our statute books.”

The DSS had also warned that the shadow government could ignite unrest similar to the 2020 #EndSARS protests, with the risk of riots and large-scale violence.

Utomi, in a preliminary objection filed on June 24, asked the court to dismiss the case for lack of merit, insisting the DSS was attempting to criminalise constitutionally protected rights, including freedom of expression, association and political participation.

But Justice Omotosho held that Nigeria’s constitution makes no room for such a parallel structure.

“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people,” the judge said.

“Such a shadow government is hereby declared void.”