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The federal high court sitting in Abuja has declared the pronouncement by the 2007 presidential candidate of the African Democratic Congress Pat Utomi to create a shadow government as unconstitutional, null, and void.
Presiding judge Justice James Omotosho in his judgment held that Sections 1(1) and 2 (1) of the Constitution are supreme and binding on all citizens.
Omotosho, after reviewing the 1999 Constitution, held that no provision supports the creation of a parallel or shadow government.
“The Nigerian constitution makes no room for shadow government,” Omotosho said.
Nigeria practices a presidential system of government that was copied from the USA, unlike the parliamentary system of government.
The shadow government is a Practice in the Westminster system of government in countries like Australia, Canada New Zealand, Malaysia, and the UK
The Westminster system forms an opposition to scrutinize the sitting government but its authority is derivative and operates within the bounds of parliament.
The judge also affirmed the court’s jurisdiction to hear the matter, noting that because of the novel nature of the case, eminent legal experts had been invited as amici curiae (friends of the court) to provide professional guidance.
Mr Utomi was restrained by the Court from creating any form of government not recognized by the Constitution.



