Court declares Pat Utomi’s shadow government unconstitutional

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By Steven Atokolo

The Federal High Court in Abuja has declared Professor Pat Utomi’s attempt to establish a “shadow government”, illegal, unconstitutional and a threat to national security.
Justice James Omotosho, in his judgment on Monday, upheld the Department of State Services’ (DSS) arguments that such a parallel structure could destabilize the country.
Relying on Section 1(1) and (2) of the 1999 Constitution, the judge stressed that the constitution is supreme and binding, leaving no room for the creation of any alternative government.

“There is no provision in the constitution for a shadow government. Any arrangement unknown to law will be struck down by this court,” Justice Omotosho said.
The court affirmed its jurisdiction over the case and, given its novelty, had invited senior legal experts as amici curiae (friends of the court) to weigh in before judgment.
The suit was instituted by the DSS, represented by Akinlolu Kehinde (SAN), while Utomi was defended by Chief Mike Ozekhome (SAN). After months of submissions and deliberations, the court delivered its verdict on September 29, 2025.

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