The Federal High Court in Abuja on Monday declared as illegal and unconstitutional the attempt by former presidential candidate, Prof. Patrick Utomi, to establish a shadow government in Nigeria.
Delivering judgment in the suit filed by the Department of State Services (DSS), Justice James Omotosho held that the concept of a shadow government or cabinet is alien to the 1999 Constitution (as amended) and incompatible with the presidential system of government being practised in the country.
The court consequently issued an order restraining Utomi and his associates from proceeding with the plan, ruling that they cannot hide under the guise of free speech or the right to criticise government to engage in unlawful activities.
The DSS, in its suit marked FHC/ABJ/CS/937/2025, accused Utomi — the African Democratic Congress (ADC) candidate in the 2007 presidential election — of attempting to usurp the executive powers of President Bola Tinubu. It argued that the initiative could destabilise the country, create chaos, and incite political unrest.
According to the agency, Utomi’s proposed shadow cabinet amounts to setting up a parallel authority not recognised by law. The DSS maintained that such a move posed a “clear and present danger” to constitutional democracy, warning it could embolden separatist entities and undermine national unity.
Citing Sections 1(1), 1(2), and 14(2)(a) of the Constitution, the court agreed that no structure outside those provided by the Constitution can exercise governmental authority in Nigeria. Justice Omotosho described the shadow government as unconstitutional, null, and void.
The DSS had presented intelligence reports indicating that Utomi publicly announced the inauguration of a shadow cabinet, with named portfolios and advisers. It warned that such actions could mislead citizens, weaken confidence in the elected government, and fuel public disaffection.
While emphasising that sovereignty belongs to the Nigerian people only through structures created under the Constitution, the court affirmed that any attempt to mimic or replicate executive authority is unlawful and a threat to national security.