Justice James Omotosho of the Federal High Court in Abuja has cautioned parties in the suit filed against Professor Pat Utomi, in relation to his planned shadow government, to desist from acts capable of jeopardising the outcome of the suit.
Justice Omotosho noted that it is the law that 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 a suit nugatory.
The judge, who observed 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 on Wednesday 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 by the plaintiff’s lawyer, Akinlolu Kehinde (SAN), who sought an order for the maintenance of status quo on the grounds that there have been new developments since the suit was filed.
Although the defendant’s lawyer, 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 has 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.
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He said his decision to seek opinions from seasoned law experts was because of the novel nature of the suit, in respect of 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 said lawyers to the parties would be served with the opinions of the amici curiae to enable them to react.
He then adjourned till July 10 for hearing of the substantive suit and the preliminary objection.