Olayiwola Matthew
Pat Utomi, Professor of Political Economy, has reacted to the federal high court ruling restraining him from forming a shadow cabinet.
James Omotosho, the presiding judge, on Monday held that the concept of a shadow government or cabinet is unconstitutional and alien to Nigeria’s presidential system of government.
Speaking during an interview on Channels Television’s Political Paradigm, Utomi said his decision to form a shadow cabinet was not about seeking constitutional recognition.
“I hope the lawyers will have something to say. We were not looking to find a place in the constitution of Nigeria,” he said.
“This is unprecedented. Whatever it is, we’re not looking for a place in the constitution,” he added.
When asked if the ruling ended his shadow government plans or if he had an alternative, Utomi said he would continue exercising his civic rights.
“As a citizen, I do expect that I will continue to be able to express myself. I also have the freedom to meet with other citizens to jointly express ourselves,” he said.
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.
On May 14, the Department of State Services (DSS) filed a suit against Utomi over the launch of the shadow government, arguing that it usurped executive authority.
The suit, marked FHC/ABJ/CS/937/2025, was filed at the federal high court in Abuja, seeking a declaration that the shadow government initiative was illegal.
In July, Utomi unveiled members of his shadow cabinet to “provide policy alternatives to the federal government”.
Shortly after the unveiling, the federal government, through Mohammed Idris, minister of information and national orientation, opposed the initiative.
“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 minister said.
The DSS also warned that such actions could result in public disorder, riots, and large-scale violence similar to the 2020 #EndSARS protests if left unchecked.
On June 24, Utomi filed a preliminary objection asking the court to dismiss the DSS suit on the ground that it lacked merit and legal standing.
He said the DSS was attempting to criminalise constitutionally protected rights, including freedom of expression, association, and political participation under sections 39 and 40 of the 1999 Constitution (as amended).
However, Omotosho, in his judgement, held that Nigeria’s constitution does not recognise any parallel or alternative government outside the one it provides for.