Justice James Omotosho of the Federal High Court Abuja has cautioned parties in the suit filed against a professor of political economy, Pat Utomi, in relation to his alleged planned shadow government, to desist from acts capable of jeopardising the outcome of the suit.
Justice Omotosho noted that, according to the law, once parties are aware of the pendency of a suit, they should refrain from taking any further steps capable of rendering the outcome of such suit nugatory.
The judge also added that there were always consequences for any party who engaged in such unlawful conduct, and said he would not hesitate to void any steps taken by any of the parties during the pendency of the case.
He stated these at the resumed hearing in the suit filed by the Department of State Services (DSS) against Utomi, who is the sole defendant.
The judge’s caution followed a complaint by the counsel for the DSS, Akinlolu Kehinde (SAN) who sought an order for the maintenance of the status quo because there had been new developments since the suit was filed.
Though counsel for the defendant, Mike Ozekhome (SAN), objected to Kehinde’s request for an order, the judge said such an order was unnecessary since the parties were all aware of the pendency of the suit.
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 parties that he had extended invitations to seven senior lawyers, drawn from the six geo-political zones, to act as amici curiae, to furnish the court with their legal opinions on the case.
He said his decision to seek opinions from seasoned law experts was because of the nature of the suit, in respect of which there were no known previous decisions.
The judge identified those invited, including a 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), a former Dean of the Faculty of Law, University of Jos; Joe Kyari Gadzama (SAN), Mrs. Miannaya Essien (SAN) and a former president of the NBA, Yabubu Maikyau (SAN).
Justice Omotosho said lawyers to the parties would be served with the opinions of the friends of the court, to enable them to react.
The judge subsequently adjourned the case to July 10 for a hearing of the substantive suit and the preliminary objection.
The DSS had sued Utomi, the 2007 Presidential Candidate of the African Democratic Congress (ADC), over his alleged plan to establish “a shadow government” in the country.
It prayed the court to declare the move an attack on the constitution.
In the suit filed on May 13 by Senior Advocate of Nigeria, Akinlolu Kehinde, the security agency contended that the move by Utomi was intended to create chaos and destabilise the country.
The DSS argued that not only was the planned shadow government an aberration, it constituted a grave attack on the Constitution and a threat to the democratically elected government currently in place.
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