DSS Wins as Court Declares Utomi’s ‘Shadow Government’ Unconstitutional

Court rules Utomi’s shadow government illegal, instructs him and associates to join or form political parties instead.

A Federal High Court in Abuja on Monday declared Professor Pat Utomi’s attempt to form a shadow government illegal, unlawful, and unconstitutional.

Delivering judgment in a suit filed by the Department of State Services (DSS), Justice James Omotosho held that Utomi and his associates cannot use the guise of association rights to justify activities deemed unlawful.

The court nullified the Big Tent Coalition Shadow Government (BTCSG), which Utomi registered with the Corporate Affairs Commission, describing it as ultra vires. The judge emphasised that the proper channel for political engagement is through recognised political parties, either by forming one or joining an existing party.

Addressing concerns over human rights, Justice Omotosho noted that fundamental rights are not absolute and that DSS acted within its mandate to prevent acts capable of threatening national security.

The DSS had approached the court shortly after Utomi launched the BTCSG in May, describing it as a “national emergency response.” The secret police argued that the shadow government was alien to Nigeria’s Constitution and posed risks of political unrest, intergroup tensions, and potential replication by separatist groups.

The DSS sought a declaration that any governmental authority or structure outside the 1999 Constitution is unconstitutional, null, and void, and requested a perpetual injunction to prevent Utomi and his associates from pursuing the shadow government.

Justice Omotosho’s ruling upheld these arguments, effectively halting the shadow government initiative and reinforcing the constitutionally recognised frameworks for political participation in Nigeria.