On Monday, September 29, 2025, the Federal High Court in Abuja, presided over by Justice James Omotosho, made the following declarations in response to a suit filed by the Department of State Services (DSS):
Unconstitutional:
The court ruled that the concept of a “shadow government” is unconstitutional under Nigeria’s presidential system.
Perpetual injunction: A perpetual injunction was issued, permanently restraining a professor of political economy, Pat Utomi and his associates from proceeding with the plan.
Limited rights: The judge stated that while freedom of association and expression are guaranteed, they are not absolute and do not permit unlawful activities.
The ruling affirmed the DSS’s position that the establishment of a parallel or alternative government structure is a threat to national security and could incite public unrest.
On May 5, Utomi announced his shadow government initiative under the Big Tent Coalition, describing it as a credible opposition to the President Bola Tinubu administration.
While on May 14, the DSS initiated a suit against Utomi over the launch, arguing that it usurped executive authority.
In the suit marked FHC/ABJ/CS/937/2025 and filed at the Federal High Court, Abuja, DSS sought the declaration of the shadow government initiative as illegal.
In July, Utomi unveiled his members for shadow cabinet to “provide policy alternatives to the federal government.”
The federal government had kicked against the concept, with Mohammed Idris, minister of information and national orientation, stating that “Nigeria is not a parliamentary system where such a system is practised, and there is no provision for such in our statute books. While opposition politics is a central feature of democracy, it must be practised at all times within the bounds of propriety”.
The Secret Police had also issued a warning that such actions could culminate in the 2020 #EndSARS protests, with the capacity to cause public disorder, riots, and large-scale violence if not stopped.
In a preliminary objection filed on June 24, Utomi asked the court to dismiss the DSS suit in its entirety, arguing that it lacked merit and legal standing.
He claimed that the DSS had not demonstrated a reasonable cause of action under the National Security Agencies Act and that the subject of the suit involving civic engagement, formation of a shadow cabinet, and public policy discourse falls outside the agency’s statutory duties as defined under section 2(3) of the Act.
Utomi however argued that the DSS was attempting to criminalise constitutionally protected rights such as freedom of expression, association, and political participation — all of which are guaranteed under sections 39 and 40 of the 1999 Constitution (as amended).
In his judgment, Hon. Justice Omotosho held that Nigeria’s constitution does not recognise any parallel or alternative government outside the one it provides for.
“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people,” the judge ruled.
“Such a shadow government is hereby declared void.”
