By Ayodele Oni
The Federal High Court, Abuja, has declared illegal, unlawful and unconstitutional, the plan by a former Presidential candidate, Prof Pat Utomi, to form a shadow Government in Nigeria.
Justice James Omotosho on Monday issued an order restraining Utomi and his associates from proceeding with their plan to establish a shadow government/cabinet in the country.
Justice Omotosho issued the order while delivering judgment in a suit filed by the Department of State Services (DSS) against Utomi.
He declared the concept of shadow government/cabinet as unconstitutional and an alien concept to the nation’s presidential system of government.
The Judge held that Utomi and his associates cannot hide under the rights of association and to criticise the government to engage in unlawful activities.
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 no room for shadow government.
“Therefore, any participation in any government which is unknown to law will be struck down by this court
“I hereby declare the formation as void,” the Judge ruled.
The Judge also affirmed the jurisdictional power of the court to entertain the matter.
He commended the plaintiff 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.
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