The Federal High Court in Abuja has declared the proposed shadow government announced by Pat Utomi, a political economy professor and former presidential candidate, unconstitutional and unknown to Nigerian law.
Delivering judgment on Monday, the judge, James Omotosho, essentially barred Mr Utomi and his associates from going on with the plan, which its proponents said was an initiative for holding the Nigerian government itself accountable.
The Judge held that the idea was inconsistent with the country’s presidential system and could mislead citizens. He ruled that Nigeria’s constitution does not recognise any parallel or alternative government outside the one it provides for.
“Section 14(2)(c) makes no allowance for a shadow government. The defendant cannot use foreign constitutional models to confuse the people. Such a shadow government is hereby declared void,” the judge ruled.
The dispute between the State Security Service (SSS) and Mr Utomi, a former presidential candidate of the African Democratic Congress (ADC) in 2007, began after the agency sued him over his plan to form a shadow government, describing it as unconstitutional.
The SSS, Nigeria’s domestic intelligence agency, in the suit sought to stop Mr Utomi and his associates from pursuing the idea.
Mr Utomi challenged the case, arguing that it is his right to freedom of expression and association, and that stopping it would violate his constitutional rights.
Given the novelty of the issues, the judge, Mr Omotosho, invited seven senior lawyers to appear as amicus curiae.
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At the hearing on 10 July , the invited legal experts’ submissions were sharply divided. While some backed the SSS’s position, others defended Mr Utomi’s proposal as a legitimate civic initiative. After hearing their argument, the Judge reserved today for the ruling.
Today, Mr Omotosho ruled that the defendant is entitled to his fundamental rights, but that the rights are not absolute and must operate within the limits of the constitution. He added that his right does not extend to the formation of a shadow government, which is capable of causing chaos in society.
More details later…
