By Olayinka Owolabi
A Federal high court sitting in Abuja on Monday declared as illegal, unlawful and unconstitutional the bid by Prof. Pat Utomi and some of his associates to form a shadow government in the country.
Justice James Omotosho issued the order on Monday in a judgment on a suit by the Department of State Services (DSS).
Justice Omotosho in his judgement, said he had perused the country’s constitution and there was no part that supports the formation of a shadow or parallel government, adding that Utomi’s action portends danger to the peace and security of Nigeria.
Instead, said the judge, Utomi and his associates should form or join a political party to run for office or to provide constructive opposition.
Citing Section 1(1) and (2) of the 1999 Constitution, the judge said the constitution is supreme and binding on all citizens irrespective of political divides.
“The Nigerian constitution makes me room for shadow government.
“Therefore, any participation in any government which is unknown to law will be struck down by this court
“I hereby declared the formation as void,” the judge ruled.
Justice Omotosho commended the DSS for filing the suit and held among others, that it was within the right of the DSS to take steps to prevent acts capable of threatening the nation’s internal security
Shortly after Utomi, in May, launched what he called the Big Tent Coalition Shadow Government (BTCSG), which he called a “national emergency response,” the DSS approached the Federal High Court to determine the constitutionality of shadow government in a presidential system of government.
The secret police, whose constitutional mandate is to oversee internal security, prayed the curt to declare the purported “shadow government” or”‘shadow cabinet” being planned by Utomi and his associates as unconstitutional, arguing that it “amounts to an attempt to create a parallel authority not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
