•Prof. Pat Utomi
Justice James Omotosho of the Federal High Court in Abuja has cautioned parties in the suit filed against Professor Pat Utomi, regarding his proposed shadow government, to desist from acts that could jeopardise the outcome of the suit.
Justice Omotosho reminded them of the law that states that once parties are aware of the pendency of a suit, they should refrain from taking any further steps that could render the outcome of such a suit nugatory, reports The Guardian.
The judge, who pointed out that there are always consequences for any party who engages in such unlawful conduct, said he would not hesitate to void any steps taken by any of the parties during the pendency of the case.
Justice Omotosho spoke today at the resumed hearing in the suit marked FHC/ABJ/CS/937/2025, filed by the State Security Service (SSS), with Utomi as the sole defendant.
The judge’s caution was informed by a complaint from the plaintiff’s lawyer, Akinlolu Kehinde (SAN), who sought an order maintaining the status quo, as new developments had occurred since the suit was filed.
Although the defendant’s lawyer, Mike Ozekhome (SAN), objected to Kehinde’s request for an order, the judge stated that such an order was unnecessary, as the parties were all aware of the suit’s pendency.
Justice Omotosho, who said he would not grant any interlocutory restraining orders, granted an accelerated hearing and elected to hear the main suit together with the preliminary objection raised by the defendant.
The judge informed the parties that he had extended invitations to seven senior lawyers, drawn from the six geopolitical zones, to act as amici curiae and furnish the court with their legal opinions on the case.
He said his decision to seek opinions from seasoned law experts was due to the novel nature of the suit, for which there are no known previous decisions.
The judge identified those invited to include former President of the Nigerian Bar Association (NBA), Joseph Daudu (SAN), Professor Ademola Popoola of the Obafemi Awolowo University, and the Vice-Chancellor of the Imo State University (IMSU), Professor Uchefula Ugonna Chukwumaeze.
Others are Professor Dakas C. J. Dakas (SAN), former Dean, Faculty of Law, University of Jos; Joe Kyari Gadzama (SAN), Mrs. Miannaya Essien (SAN) and the immediate past President of the NBA, Yabubu Maikyau (SAN).
Justice Omotosho stated that the lawyers for the parties would be served with the opinions of the amici curiae, enabling them to respond.
He then adjourned the matter until July 10 for the hearing of the substantive suit and the preliminary objection.
