Samuel Omang
In Abuja on Monday, a courtroom fell silent as Justice James Omotosho of the Federal High Court delivered a ruling that has stirred Nigeria’s political waters. The case before him was no ordinary matter—it revolved around Professor Pat Utomi’s bold plan to set up a shadow government, a move that had ignited fierce debate across the country.
Utomi, a renowned professor of political economy, had argued that Nigeria needed an alternative framework to hold those in power accountable. His idea of a shadow government was, to him, a tool for transparency and democratic checks. But the Department of State Services (DSS) saw it differently. To them, it was not accountability but subversion—an experiment that could fracture Nigeria’s fragile political stability.
When Justice Omotosho finally spoke, his words carried the weight of constitutional finality. “The Nigerian Constitution makes no room for a shadow government,” he declared, citing Section 1(1) and (2) of the 1999 Constitution. The concept, he ruled, was unconstitutional, alien to the presidential system, and dangerous to the peace and security of the nation.
The judgment didn’t come in isolation. In a rare move, the court had invited eminent legal minds to serve as amici curiae—friends of the court—to dissect the legality of such an unprecedented idea. After listening to arguments from DSS counsel Akinlolu Kehinde (SAN), Utomi’s lawyer Mike Ozekhome (SAN), and the legal experts, the judge struck down the proposal, describing it as void.
The ruling effectively clipped Utomi’s wings, ending what had been shaping up to be one of the boldest challenges to Nigeria’s political order in recent years. For critics, the rejection of the shadow government was inevitable, a reaffirmation of the supremacy of the Constitution. But for Utomi’s supporters, it felt like a lost opportunity to reimagine governance in a system where citizens often feel powerless.
As the gavel came down in Abuja, the message was clear: in Nigeria, there is only one government recognized by law. Any attempt to run a shadow government, no matter how well-intentioned, will not stand.