By Lateef Ibrahim
The Federal High Court, Abuja Division, yesterday, barred Pat Utomi from establishing a shadow government in the country, describing the move as “unconstitutional and void”.
Justice James Omotosho, in a judgment, upheld the arguments of the State Security Service (SSS) that Mr Utomi’s action portends danger to the peace and security of Nigeria.
Mr Omotosho 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 stated that the Constitution is supreme and binding on all citizens, irrespective of their political affiliations.
“The Nigerian constitution makes no room for a shadow government. Therefore, any participation in any government which is unknown to law will be struck down by this court.
“I hereby declare the formation as void,” the judge ruled.
The judge also affirmed the court’s jurisdictional power to entertain the matter.
The court, in dealing with the novel issues of “shadow government”, had invited some eminent legal experts for their professional inputs.
Peoples Daily reports that Omotosho had, on July 10, fixed yesterday for the judgment in the SSS’s suit against Mr Utomi, a professor of political economy and management expert.
The judge fixed the date after SSS’s counsel, Akinlolu Kehinde; Mr Utomi’s lawyer, Mike Ozekhome; and the seven invited amici curiae (friends of the court) made their submissions for and against the suit.
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