Shadow Government: A Constitutional Right, Not Treason

By Ejiro Ernest Ofoye, Esq. Advocate for Democratic Governance.

The announcement by Professor Pat Utomi to establish a shadow government has triggered a wave of political unease and governmental pushback. This development, while controversial in the eyes of the ruling class, is neither unprecedented nor unlawful. Rather, it is a bold and constitutionally grounded assertion of democratic rights. Attempts by the Federal Government and the All Progressives Congress (APC) to paint it as a threat to national security are not only legally unfounded but also indicative of an alarming resistance to democratic opposition and civic engagement.

What Is a Shadow Government?

Professor Pat Utomi, a respected political economist and elder statesman, introduced the “Big Tent Coalition Shadow Government” as a structured platform to propose alternative policies and rigorously evaluate the actions of the current administration. Organized around thematic areas such as the economy, education, healthcare, and security, the coalition seeks to inject accountability and policy substance into Nigeria’s political discourse.

Utomi has been unequivocal: the shadow government is not a tool for rebellion but a legitimate vehicle for alternative governance, advocacy, and civic engagement. Though commonly seen in parliamentary systems, the idea is not foreign to presidential democracies and is well within the scope of civil and political rights.

Legal Foundation in the Nigerian Constitution

The legal foundation of this initiative rests squarely on Section 40 of the 1999 Constitution of the Federal Republic of Nigeria, which guarantees the right to freedom of association: “Every person shall be entitled to assemble freely and associate with other persons, and in particular, he may form or belong to any political party, trade union, or any other association for the protection of his interests.”

By this constitutional provision, Professor Utomi and his associates are entirely within their legal rights to form and operate a shadow government, so long as their activities remain peaceful and nonviolent.

Dissent Is Not Treason

There have been murmurs—mostly from reactionary quarters—suggesting that the formation of a shadow government amounts to treason or incitement. However, these claims do not withstand legal scrutiny. Under Nigeria’s Criminal Code, treason refers to acts of levying war against the state or conspiring to do so, while treasonable felony relates to attempts to unlawfully remove a sitting President or Governor.

Nothing in Professor Utomi’s statements or actions suggests a breach of these provisions. His initiative advocates no violence, no insurrection, and no unlawful seizure of power. Rather, it promotes critical discourse and policy engagement—tools vital to a functional democracy.

The Role of Responsible Opposition

Despite criticism from the Ministry of Information and the APC, the existence of a shadow government enriches our democratic landscape. Opposition is not an anomaly; it is an indispensable element of democratic governance. Without credible opposition and policy alternatives, democracy becomes sterile and authoritarianism festers.

A shadow government, by its nature, provides scrutiny, fosters debate, and encourages performance by those in power. These are not threats to democracy—they are its lifeblood.

Conclusion

Professor Pat Utomi’s decision to form a shadow government is a constitutionally protected, democratically sound, and morally courageous step toward strengthening civic engagement and governmental accountability. It is not an act of rebellion, nor does it constitute treason under any known legal doctrine. As such, calls for his arrest are not only legally baseless but deeply troubling. They represent a dangerous attempt to criminalize dissent in a democratic society. Nigeria must rise above such impulses and embrace the full spectrum of democratic expression.