ABUJA – As the Department of State Services (DSS) seeks to shut down Prof. Pat Utomi’s shadow government through legal action, analysts and civic advocates are asking a deeper question: is this a constitutional breach or simply civil dissent in a democracy?
Utomi, a former presidential candidate, recently announced a 39-member "shadow cabinet" designed, according to him, to monitor and critique the Bola Tinubu administration’s policies. But the DSS has dragged him to the Federal High Court in Abuja, accusing him of attempting to unlawfully usurp the executive powers of the president.
The DSS, however, views it differently. In its suit, the agency described Utomi’s initiative as a threat to national security, citing sections of the Nigerian Constitution which vest power solely in democratically elected institutions.
At the heart of the case is whether Utomi’s formation of the cabinet amounts to civic engagement or an illegal parallel structure. His shadow team includes roles such as Ombudsman, Good Governance advisers, and a Council of Economic Advisers none with formal authority, but with vocal influence online and in the media.
Utomi himself has remained defiant. He insists the move is not a coup attempt or threat to the constitution but an effort to spotlight failings in leadership and hold the government accountable using data, policy critique, and citizen advocacy.
Legal experts are divided. Some argue that while his action lacks constitutional backing, it doesn’t equate to treason or rebellion. Others believe such a body could set a dangerous precedent for unregulated power structures.
Regardless of the outcome in court, the situation reveals a growing tension between traditional authority and new forms of civic expression, especially in a digital age where influence is no longer tied strictly to official office.
The court has yet to assign a judge or hearing date for the suit. But in the meantime, the debate over what defines “governance” in a democracy is taking centre stage both in the courtroom and in the court of public opinion.
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