Prof. Pat Utomi, a political economist and organizer of the “Big Tent” coalition, has been barred by the Federal High Court in Abuja from forming or running what he called a “shadow government,” citing the proposal as unlawful and a danger to Nigeria’s democratic order.
The idea of a shadow government or cabinet is foreign to Nigeria’s 1999 Constitution (as amended), according to Justice James Omotosho’s ruling on Monday, and it cannot be incorporated into the nation’s presidential system.
Utomi was the only defendant in the lawsuit, which was brought by the Department of State Services (DSS).
The court granted a lifelong injunction prohibiting Utomi, his accomplices, and agents from carrying out the scheme after rejecting his initial objections.
Justice Omotosho cited the Constitution’s Sections 1(1) and 1(2), which uphold its supremacy, as well as Section 14(2)(a), which grants the people sovereignty through institutions established by the Constitution.
Any effort to establish alternative governing structures outside of the Constitution is void, he declared.
“Freedom of expression and association are guaranteed rights, but they are not absolute,” the court stated, stressing that they must be used within the parameters of constitutional authority, public safety, and order.
The court concurred with the DSS that establishing a shadow administration may weaken the legitimacy of the elected government, cause political turmoil, and confuse the public.
Justice Omotosho further criticized Utomi’s initiative’s use of Big Tent Limited, a limited liability business, as its platform.
He decided that a corporation that was created for business objectives could not be used to create political or governmental organizations.
In any case, the judge ruled, “This court finds that a company limited by liability cannot be converted into a political association to run a government, whether in shadow form or otherwise.”
In an exclusive interview with Daily Independent’s Oscar Okhifo earlier this year, Utomi defended the need for a shadow government, emphasizing that he has run similar platforms for years without facing any problems.
According to him, “the current government is afraid of the people,” which is why there was such a rapid commotion.
Additionally, he rejected the idea that the proposal might be banned by a court, stating that creating a forum to hold the government responsible was not illegal. He had maintained, “It is about bolstering democracy, not undermining it.”
Justice Omotosho summoned leading legal experts from all over the nation, known as amici curiae, to submit arguments due to the special issues posed.
He stated that their insights enhanced his ultimate choice.
The decision essentially puts a stop to Utomi’s intention to form a shadow cabinet that would replicate the existing administration’s policies. Additionally, it establishes a precedent that restricts opposition movements and civil society organizations from experimenting with non-Constitutional alternative governing systems.
It is anticipated that the case would lead to discussion on the limits of constitutional political opposition and civic engagement.
Utomi had not returned calls or mails asking for his response as of the time of publication. Whether the renowned scholar will appeal the decision is still unknown.
