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
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.
They do not exercise formal governmental powers.
The concept of shadow government is alien to our system of government.
The shadow government in Africa is like a secret government.
The court maintained that while freedom of expression is guaranteed such freedom is not absolute to protect society from anarchy.
The action of Mr Utomi protends a danger to the security of Nigeria.
The court will not allow the defendant to confuse the country under the guise of fundamental rights to expression.
The plaintiff’s case succeed against the defendant.
Mr Utomi attempt for a shadow government is to create a parallel government
Mr Utomi is restrained from creating any form of government not recognized by the Constitution.
