The judge held that a shadow government or cabinet was unconstitutional and alien to the nation’s presidential system of government.
Justice Omotosho also held that Utomi and his associates can not use the right to association or the freedom to criticise the government as a shield to engage in unlawful activities.
He praised the plaintiff for bringing the case forward and affirmed that the DSS has the authority to take measures to prevent actions that could threaten the nation’s internal security.
The DSS, in suit number FHC/ABJ/CS/937/2025, argues that the concept of a “shadow government” is alien to the Nigerian Constitution and threatens national stability. According to the agency, such a parallel structure, under the guise of governance, could incite unrest, heighten intergroup tensions, and embolden separatist elements, thereby undermining the country’s internal security.
The DSS contends that with a democratically elected government in place, any attempt to form a rival authority—such as a shadow cabinet—violates constitutional provisions and could lead to political instability.
In its prayers, the agency asks the court to declare the purported shadow government or cabinet unconstitutional, null, and void, arguing it amounts to creating a parallel authority not recognised by the 1999 Constitution (as amended).
Additionally, the DSS seeks a declaration that, pursuant to Sections 1(1), 1(2), and 14(2)(a) of the Constitution, any governmental authority or structure established outside the framework of the Constitution is illegal. It also seeks a perpetual injunction restraining Utomi and his associates from proceeding with any steps toward creating or operating a shadow government or similar entity.
