The formation of a shadow cabinet by Pat Utomi, foremost Nigerian political-economist and Convener of The Big Tent, has now become a court matter following the move by the Department of State Services (DSS), to stop it through the legal process.
The secret police’s move came via a suit at the Federal High Court Abuja, seeking to stop the move marked: FHC/ABJ/CS/937/2025, where it accused Utomi who was the candidate of the African Democratic Congress (ADC), in the 2007 presidential election, of attempting to illegally usurp the executive powers of President Bola Tinubu.
The agencies argument was that the shadow cabinet was capable of destabilising the country as it was intended to create chaos, adding that it was not only an aberration, but constituted a grave attack on the Constitution and a threat to the democratically elected government that is currently in place.
Stressing that if left unchecked, it could incite political unrest, cause intergroup tensions and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which would pose a grave threat to national security, the agency, which listed Utomi as the sole defendant prayed the court to declare the as unconstitutional as it amounted to an attempt to create a parallel authority not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Filed by Akinlolu Kehinde, a Senior Advocate of Nigeria (SAN) it particularly prayed the court to declare that under Sections 1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as unconstitutional, null, and void.
The suit in the affidavit accompanying it: “The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognised body claiming to operate as an alternative government. contrary to the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The defendant, through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria.
“While inaugurating the ‘shadow cabinet’, the defendant stated that it ls made up of the Ombudsman and Good Governance portfolio to be manned by Dele Farotimi; the policy Delivery Unit team consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo and Obi Ajuga: and the council of economic advisers.
“Based on the intelligence gathered by the plaintiff, the activities and statements made by the defendant and his associates are capable of misleading segments of the Nigerian public, weakening confidence in the legitimacy of the elected government, and fuelling public disaffection.
“The plaintiff, in the discharge of Its statutory duties, has gathered intelligence confirming that the defendant’s actions pose a clear and present danger to Nigeria’s constitutional democracy.
“The defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to sections 1(1), 1{2), and 14(2Xa) of the 1999 Constitution (As Amended), which exclusively vests governance in institutions duly created under the Consttution and through democratic elections.
“The Federal Government of Nigeria has made several efforts to engage the defendant to dissuade him from this unconstitutional path, including statements made by the Minister of Information, but the defendant has remained defiant.
“It is in the interest of justice, national security, and the rule of law for this honourable court to declare the existence and operations of the defendant unconstitutional and illegal.”