By Correspondent in Abuja.
The Federal High Court in Abuja has restrained Professor Pat Utomi from establishing what he described as a “shadow government” in Nigeria, ruling that such an initiative is unconstitutional, null, and void.
Delivering judgment on Monday, Justice James Omotosho upheld the arguments of the Department of State Services (DSS), which maintained that Utomi’s move posed a potential threat to national peace and security.
The judge, after reviewing the provisions of the 1999 Constitution, held that no section of the law permits the creation of a shadow or parallel government.
Citing Section 1(1) and (2) of the Constitution, Justice Omotosho emphasized that the constitution remains supreme and binding on all Nigerians, irrespective of political affiliations.
“The Nigerian Constitution makes no room for shadow government. Therefore, any participation in a government unknown to law will be struck down by this court. I hereby declare the formation void,” the judge ruled.
He further affirmed the jurisdiction of the court to hear the matter.
The News Agency of Nigeria (NAN) reports that, in addressing the novel issue of “shadow government,” the court had invited eminent legal experts to give their professional opinions.
Justice Omotosho had earlier fixed September 29 for judgment after listening to submissions from DSS’ counsel, Akinlolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN; and seven amici curiae (friends of the court) who provided perspectives for and against the suit.
Details later.
Edited by Dada Ahmed.
