• Federal High Court
• Shadow Government

FEDERAL HIGH COURT DECLARES CONCEPT OF ‘SHADOW GOVERNMENT’ UNCONSTITUTIONAL IN NIGERIA

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  CapitalTimesNews / 2 months
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• 2 min read

Abuja’s Federal High Court has ruled against the establishment of a shadow government in Nigeria, dismissing plans by Professor Pat Utomi and associates to form such an entity. Delivering judgment in a suit brought by the Department of State Services (DSS), Justice James Omotosho declared that the concept of a shadow government is alien to Nigeria’s Constitution, emphasizing the country’s presidential system differs from the UK’s parliamentary system where a shadow cabinet finds relevance. “A shadow government or cabinet is alien to the Nigerian Constitution as Nigeria practices a presidential system, unlike the Parliamentary system in the UK which has room for a shadow cabinet,” Justice Omotosho stated. The judge underscored that no opposition political party holds the power to establish a parallel government; their role is limited to criticizing the incumbent administration. Justice Omotosho noted opposition parties can pursue democratic transition through elections – not by overthrowing an elected government – as the lawful path to securing power. “Opposition political parties can rely on democratic transition, through elections, without overthrowing an elected government, to secure power,” he said. Declaring the notion of a shadow government as ‘strange’ to Nigeria’s legal framework, the judge ruled it amounts to creating a parallel authority unrecognized by the 1999 Constitution (as amended). “A shadow government is ‘strange’ to Nigeria and amounts to creating a parallel authority not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” Justice Omotosho asserted, adding any government structure outside constitutional provisions is null and void. While acknowledging freedom of expression is protected – as argued by Professor Utomi – Justice Omotosho stressed such rights have limits when they threaten governmental authority and national stability. “The action of Utomi portends a threat to the peace and stability of the country,” the judge remarked. “The court will not sit idle and watch the defendant cause ‘confusion’ in the guise of establishing a shadow government,” Justice Omotosho declared, issuing a perpetual injunction restraining Professor Utomi and others with similar future aspirations from pursuing establishment or operation of a shadow government or like entity unrecognized by Nigeria’s Constitution.