By Ikechukwu Nnochiri, ABUJA
The Federal Excessive Courtroom sitting in Abuja on Monday declared the choice of a former presidential candidate, Prof. Patrick Utomi, to type a shadow authorities within the nation as unlawful and unconditional.
The courtroom, within the judgment that was delivered by Justice James Omotosho, held that the idea or formation of a shadow authorities/cupboard is alien to each the 1999 Structure, as amended, and the presidential system of presidency that the nation is practising.
Consequently, it issued an order, restraining Prof. Utomi and his associates from continuing with the plan, saying they may not conceal below their proper to criticise or maintain the federal government accountable, to have interaction in illegal actions.
The judgement adopted a go well with marked: FHC/ABJ/CS/937/2025, which was introduced earlier than the courtroom by the Division of State Providers, DSS.
The courtroom held that the company acted appropriately by approaching it to cease an motion able to posing a risk to nationwide safety.
The. DSS had within the go well with accused Prof. Utomi who was the candidate of the African Democratic Congress, ADC, within the 2007 presidential election, of making an attempt to illegally usurp the chief powers of President Bola Tinubu.
It informed the courtroom that the defendant’s motion was able to destabilising the nation because it was supposed to create chaos.
In keeping with the company, the deliberate shadow authorities was not solely an aberration however constituted a grave assault on the Structure and a risk to the democratically elected authorities that’s presently in place.
It informed the courtroom that such a construction, if left unchecked, might incite political unrest, trigger intergroup tensions and embolden different illegal actors or separatist entities to duplicate related parallel preparations, all of which might pose a grave risk to nationwide safety.
Amongst different reliefs, the plaintiff prayed the courtroom to declare the purported “shadow authorities” or “shadow cupboard” being deliberate by the defendant and his associates as “unconstitutional because it quantities to an try and create a parallel authority not acknowledged by the Structure of the Federal Republic of Nigeria, 1999 (as amended).”
It prayed the courtroom to declare that below Sections 1(1), 1(2) and 14(2)(a) of the Structure, “the institution or operation of any governmental authority or construction outdoors the provisions of the Structure of the Federal Republic of Nigeria, 1999 (as amended). is unconstitutional, null, and void.”
The plaintiff additional urged the courtroom to difficulty an order of perpetual injunction, restraining Prof. Utomi, his brokers and associates from “additional taking any steps in direction of the institution or operation of a ‘shadow authorities,’ ‘shadow cupboard’ or any related entity not acknowledged by the Structure of the Federal Republic of Nigeria, 1999 (as amended).”
Highlighting a number of the grounds upon which it approached the courtroom, the DSS maintained that part 1(1) of the 1999 Structure, as amended, declared its supremacy and binding pressure on all individuals and authorities in Nigeria.
It confused that part 1(2) prohibited the governance of Nigeria or any half thereof besides in accordance with provisions of the Structure.
It informed the courtroom that part 14(2a) of the Structure acknowledged that sovereignty belongs to the folks of Nigeria, from whom authorities, by the Structure, derives all its powers and authority.
The DSS argued that Prof. Utomi’s proposed shadow authorities lacked authorized imprimatur because it contravened varied parts of the Structure.
In an affidavit it filed in help of the go well with, the plaintiff described itself because the principal home intelligence and safety company within the nation that’s statutorily mandated to detect and stop threats to inside safety, together with subversive actions able to undermining nationwide unity, peace and constitutional order.
It averred that it’s statutorily empowered to safeguard the nation by stopping threats to the lawful authority of the Federal Republic of Nigeria and Its constituent establishments.
It informed the courtroom that the defendant had introduced the purported institution of what he temed as shadow authorities comprising of a number of individuals that made up its Ministerial cupboard.
“The ‘shadow authorities’ or ‘shadow cupboard’ is an unregistered and unrecognized physique claiming to function in its place authorities. opposite to the availability of the Structure of the Federal Republic of Nigeria, 1999 (as amended).
“The defendant, by public statements, social media, and different platforms, has introduced the formation of this physique with the intent to problem the legitimacy of the democratically elected authorities of Nigeria.
“Whereas inaugurating the ‘shadow cupboard’, the defendant acknowledged that it ls made up of the Ombudsman and Good Governance portfolio to be manned by Dele Farotimi; the coverage Supply Unit group consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo and Obi Ajuga: and the council of financial advisers.
“Based mostly on the intelligence gathered by the plaintiff, the actions and statements made by the defendant and his associates are able to deceptive segments of the Nigerian public, weakening confidence within the legitimacy of the elected authorities, and fuelling public disaffection,” the DSS added.
Extra so, it informed the courtroom that it was significantly involved that such a construction, if left unchecked, might incite political unrest that may undermine nationwide safety.
“The plaintiff, within the discharge of its statutory duties, has gathered intelligence confirming that the defendant’s actions pose a transparent and current hazard to Nigeria’s constitutional democracy.
“The defendant’s actions quantity to an try and usurp or mimic government authority, opposite to sections 1(1), 1 (2), and 14(2Xa) of the 1999 Structure (As Amended), which completely vests governance in establishments duly created below the Structure and thru democratic elections.
“The Federal Authorities of Nigeria has made a number of efforts to have interaction the defendant to dissuade him from this unconstitutional path, together with statements made by the Minister of Data, however the defendant has remained defiant.
“It’s Within the curiosity of justice, nationwide safety, and the rule of regulation for this honourable courtroom to declare the existence and operations of the defendant unconstitutional and unlawful,” the plaintiff added.
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