Godswill Michael
The Federal High Court in Abuja has stopped political economist and convener of the “Big Tent” coalition, Prof. Pat Utomi, from forming or operating what he called a “shadow government,” ruling that the idea is unconstitutional and a threat to Nigeria’s democracy.
Delivering judgment on Monday, Justice James Omotosho declared that a shadow government or cabinet is unknown to the 1999 Constitution (as amended) and cannot be imported into the nation’s presidential system.
The case was filed by the Department of State Services (DSS), with Utomi as the sole defendant.
After dismissing Utomi’s objections, the court issued a perpetual injunction restraining him, his associates, and agents from pursuing the plan.
Relying on Sections 1(1) and 1(2) of the Constitution, which affirm its supremacy, and Section 14(2)(a), which vests sovereignty in the people through recognized institutions, the judge said any attempt to create alternative governance structures outside the Constitution is “null and void.”
“While freedom of expression and association are guaranteed rights, they are not absolute,” Justice Omotosho stated, stressing that such rights must be exercised within the bounds of public safety, order, and constitutional authority.
The court aligned with the DSS’s argument that creating a shadow government could trigger political unrest, confuse citizens, and undermine the legitimacy of the elected administration. Justice Omotosho also faulted Utomi’s use of Big Tent Limited—a registered company—as the platform for his initiative.
“This court finds that a company limited by liability cannot, under any guise, be converted into a political association to run a government, whether in shadow form or otherwise,” he ruled.
Earlier this year, in an interview with Pointblank News, Utomi defended the concept of a shadow government, saying he had run similar platforms in the past without controversy.
He claimed the current government’s objection stemmed from fear. “The current government is afraid of the people,” he said, while insisting that his plan was not illegal. “It is about strengthening democracy, not undermining it.”
The judge noted that because of the unique constitutional questions raised, he had invited amici curiae (friends of the court)—senior legal experts nationwide—to make submissions, which enriched his decision.
The ruling halts Utomi’s plan to establish a shadow cabinet mirroring government policies and sets a precedent limiting opposition or civil society groups from experimenting with parallel governance models outside the Constitution.
The judgment is expected to spark debate on the limits of civic activism and the scope of lawful political opposition in Nigeria. As of press time, Utomi had not responded to calls or messages, and it remains unclear whether he will appeal.
