A Federal High Court in Abuja has declared unconstitutional the shadow government proposed by the Prof. Pat Utomi-led Big Tent Movement.
Justice James Omotosho, delivering judgement on Monday, ruled that the initiative was alien to Nigeria’s presidential system of government and void under the 1999 Constitution.
‘The Nigerian Constitution makes no room for a shadow government. Therefore, any participation in any government which is unknown to law will be struck down by this court. I hereby declare the formation as void,’ the judge held.
The judge also restrained members of the movement’s Good Governance portfolio and council of economic advisers, including Dele Farotimi, Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo and Obi Ajuga, from operating the structure. Efforts by Daily Trust to obtain a reaction from Nana Kazaure, the group’s Shadow Minister for Communication and Public Orientation, proved unsuccessful as she did not respond to calls or messages.
The Department of State Services (DSS), which initiated the suit, argued that sections 1(1), 1(2) and 14(2)(a) of the Constitution uphold the supremacy of the constitution and sovereignty of the people, and that all governmental authority must derive from law.
The DSS had sought, among other reliefs, ‘an order of perpetual injunction restraining the defendant, his agents and associates from taking any steps towards establishing or operating a ‘shadow government’, ‘shadow cabinet’, or any similar entity not recognised by the Constitution.’
To guide the court, eminent legal scholars were invited as amici curiae, including Prof. Ademola Popoola of Obafemi Awolowo University; Prof. Uchefula Chukwumaeze, Vice Chancellor of Imo State University; former NBA president Yakubu Maikyau (SAN); Joseph Daudu (SAN); Joe Gadzama (SAN); Prof. Dakas Dakas (SAN); and Miannaya Essien (SAN).
The shadow government, formally launched by Utomi on May 5, was designed to function like a shadow cabinet common in parliamentary systems. It assigned portfolios to opposition figures, professionals and activists to scrutinise government policies and propose alternatives.
At its unveiling, Utomi described the project as a ‘national emergency response’ aimed at deepening democracy beyond periodic elections. He argued it would serve as an alternative think-tank to highlight policy failures and mobilise citizens to demand accountability.
Lawyer and activist Dele Farotimi was named to head the Ombudsman and Good Governance desk, while Cheta Nwanze, Halima Ahmed, Daniel Ikuonobe and others were given shadow roles. Kazaure, who also serves as Director of Strategic Communication for the Obidient Movement, was appointed Shadow Minister for Communication.
The initiative immediately sparked controversy. Critics maintained that Nigeria’s presidential system does not recognise such arrangements. The DSS warned that the body could confuse citizens, undermine state authority and embolden separatist groups.
On May 13, 2025, the DSS filed suit FHC/ABJ/CS/937/2025 at the Federal High Court, urging the court to declare the Big Tent Coalition Shadow Government (BTCSG) unconstitutional.
In June, Utomi, through his lawyers, opposed the suit, arguing that the shadow government was merely an exercise of citizens’ rights to free speech, free association and political participation. He accused the DSS of attempting to criminalise civic activism and silence dissent.