“Crossing the Line”: When Opposition Criticism Becomes “Contemptuous” and a Nuisance to the State
The recent Federal High Court judgment declaring shadow governments unconstitutional has fundamentally redrawn the line between legitimate opposition and unlawful activity in Nigeria. For political actors in Abia State, this ruling transforms the political arena: criticism is a right, but establishing a parallel government is now an illegal act. This legal precedent forces a critical examination of when robust political engagement crosses the line into what the state has termed a “nuisance,” a transition from constitutional dissent to contemptuous challenge that threatens public order and invites decisive legal response.
Federal High Court Ruling on Shadow Governments
The ruling provides a critical legal precedent for all political actors. Justice James Omotosho, in a case brought by the Department of State Services, has declared the concept of a shadow government to be unconstitutional and an alien concept to Nigeria’s presidential system of government. The court order specifically restrains individuals from proceeding with plans to establish such a cabinet. The judge made it clear that the fundamental rights to associate and to criticize the government are not absolute and cannot be used as a justification for engaging in unlawful activities. He commended the DSS for its action, affirming that it is within the agency’s mandate to prevent acts capable of threatening the nation’s internal security. As a legal alternative, the court advised those wishing to influence governance to form or join a political party to provide constructive opposition or run for office.
The Official Stance in Abia State
The position of the Abia State government aligns directly with this new court ruling. The state has already issued a clear warning against the use of the term “Shadow Government,” describing it as an illegal and baseless concept. The government’s official statement emphasized that while a political party has every constitutional right to function as a responsible opposition, it must not become a nuisance to the people. It was further stated that any attempt to revive the idea of a shadow government would attract a more decisive government response. This state-level position, now reinforced by the federal court’s judgment, creates a compelling legal and political environment where the advice “a stitch in time saves nine” is highly prudent.
A Path for Constructive and Legal Opposition
This legal development does not stifle political dissent but rather channels it into lawful and constructive avenues. You retain the full right to criticize the governor or the government, but this must be done without following or establishing a shadow government, which is now explicitly unconstitutional. The pathway forward, as suggested by the court, is to go engage through established political processes. This ensures that criticism is legitimate, substantive, and focused on offering solutions, thereby strengthening democracy without threatening public peace or the constitutional order. Heeding this advice now will prevent future legal complications and contribute to a more stable political environment in Abia State.
AProf Chukwuemeka Ifegwu Eke
