- Safiu Kehinde
The Federal High Court sitting in Abuja has on Monday barred Prof. Pat Utomi, a Professor of Political Economy and Management Expert, from establishing “a shadow government” in the country, declaring the move void and unconstitutional and void.
Justice James Omotosho, in a judgment, upheld the arguments of the Department of State Services (DSS) that Utomi’s action portends danger to the peace and security of Nigeria.
The presiding judge said he had perused the country’s constitution and there was no part that supports the formation of a shadow or parallel government.
Citing Section 1(1) and (2) of the 1999 Constitution, the judge said the constitution is supreme and binding on all citizens irrespective of political divides.
“The Nigerian constitution makes me room for shadow government.
“Therefore, any participation in any government which is unknown to law will be struck down by this court
“I hereby declared the formation as void,” the judge ruled.
Justice Omotosho also affirmed the jurisdictional power of the court to entertain the matter.
According to reports, the court, in dealing with the novel issues of “shadow government,” had invited some eminent legal experts for their professional inputs.
Justice Omotosho had, on July 10, fixed today for the judgment in the DSS’ suit against Utomi.
The judge fixed the date after DSS’ counsel, Akinlolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN, and the seven invited amici curiae (friends of the court) made their submissions for and against the suit.