The Department of State Services (DSS) has taken legal action at the Federal High Court in Abuja, seeking an order to restrain Professor Patrick Utomi from making public comments, organizing rallies, or taking part in any form of public engagement related to his recent declaration of plans to set up a “shadow government” in Nigeria.
In an application filed on Wednesday by its legal team led by Senior Advocate of Nigeria (SAN), Mr. Akinlolu Kehinde, the DSS described Utomi’s plan as an attempt to undermine the authority of President Bola Tinubu and destabilize national peace and unity. Utomi, who was the presidential candidate of the African Democratic Congress (ADC) in 2007, is currently abroad but is reported to be planning a return to Nigeria on June 6.
According to the DSS, intelligence reports indicate that Utomi intends to carry out protests, conduct road shows, and participate in media interviews—all of which the agency claims are part of a broader strategy to trigger unrest and lay the foundation for an unconstitutional government.
In its filing, the DSS prayed the court for: “An order of interlocutory injunction, restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him, from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programs, jingles or any other public enlightenment programme (s) aimed at sensitizing, instigating, propagating or in any way promoting the purported ‘shadow government/shadow cabinet’ or its objectives or goals, with the view to establishing the said ‘shadow government’, pending the hearing and determination of the substantive suit.”
According to the Applicant, if not restrained, Utomi’s proposed rallies, road shows and actions, would “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
The agency told the court that its constitutional responsibility is to protect the internal security of Nigeria and to guard against any actions that may threaten the country’s lawful government or provoke public disorder. The DSS also noted that Utomi’s planned return and activities pose a serious threat to that mandate.
Through an affidavit submitted with the application, the DSS stated that it had received intelligence indicating that Utomi’s plan includes organizing rallies and protests under the pretense of exercising his rights to free speech and association. However, the agency argued that the real objective is to trigger dissatisfaction among the public and rally support for an unauthorized and illegitimate alternative government.
The affidavit further claimed that Utomi’s actions, if not curbed, could lead to widespread civil unrest, damage to property, and even loss of life—especially if they escalate into violent protests.
“All the planned protests, riots and agitations that will ensue, if the purported actions of the defendant/respondent are not stayed, may lead to mayhem with a potential for anarchy, loss of lives and property,” the affidavit stated.
The DSS also referred to a public lecture that Utomi participated in on May 26, during the fourth edition of the Topaz Lecture Series at the University of Lagos (UNILAG). Themed “Shadow Government: A Distraction or Necessity,” the event was hosted by the UNILAG Mass Communication Class of 1988 Alumni Association. According to the DSS, comments made by Utomi during that event suggested that he intends to continue promoting the shadow government idea, even if it means changing the name to avoid legal consequences.
The agency noted that these comments have already been widely shared in national newspapers and across social media platforms, further spreading the idea and potentially influencing public opinion.
The DSS confirmed that Utomi has been officially served with legal papers related to the pending suit via his lawyer, Prof. Mike Ozekhome, SAN. The agency insisted that his continued public engagement on the issue, despite being aware of the legal proceedings, amounts to an attempt to impose a fait accompli on the court.
“The defendant/respondent is aware of the pendency of this action before this Honourable Court as he has been served with the originating process in this suit by courier as ordered by this honourable court,” the DSS said.
“Unless this honourable court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court. It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application.”
Speaking to reporters shortly after the application was filed, the DSS’s lead counsel, Mr. Kehinde, explained that the agency is not seeking to arrest Utomi or any member of his group. Instead, he said, the DSS wants the court to interpret the Nigerian Constitution and decide whether any form of government—by any name—is allowed to operate outside the structure defined by law.
“What our client has submitted to the court is for the interpretation of the Constitution, whether any form of government by whatever nomenclature can be formed or allowed outside the Constitution,” Kehinde said.
He further noted that the DSS had chosen to follow the legal process instead of using force, which he described as a sign of the agency’s commitment to democracy and the rule of law.
“It must be pointed out that our client under its current leadership is a very civilized organization with absolute confidence in the rule of law and that is why, it or any of its personnel will always approach the court of law whenever it feels that there is any infraction on its statutory duties by anyone or the rights of its personnel,” he added.
Kehinde said the DSS is especially concerned about the potential for Utomi’s activities to ignite public disorder and inspire acts that could be classified as treasonable felony. He noted that, under normal democratic principles, all parties involved in a legal dispute are expected to refrain from provocative actions until the court delivers its ruling.
Meanwhile, Justice James Omotosho has scheduled June 25 to hear the case, which is listed under suit number FHC/ABJ/CS/937/2025, with Professor Patrick Utomi named as the sole defendant.
