A Federal High Court in Abuja on Wednesday adjourned the hearing of a suit filed by the Department of State Services (DSS) against Professor Pat Utomi until June 25, 2025. The suit concerns allegations that Utomi planned to establish a so-called “shadow government” in Nigeria, which the DSS claims is unconstitutional.
The hearing date was fixed by Justice James Omotosho after the DSS’s lawyer, Akinlolu Kehinde, SAN, requested permission to serve court documents to Utomi via courier at his Lagos residence. This followed the DSS’s difficulty in delivering the court papers to Utomi, a professor of political economy and a former 2007 presidential candidate for the African Democratic Congress (ADC).
Justice Omotosho granted the request, allowing the documents to be served at Utomi’s Lagos home located at No. 6, Balarabe Musa Crescent, Victoria Island. The court then adjourned the matter to late June.
In the suit registered as FHC/ABJ/CS/937/2025, the DSS asked the court to declare that the planned “shadow government” is an attack on Nigeria’s constitution. The agency described Utomi’s initiative as an attempt to set up a parallel authority not recognized by the 1999 Constitution of Nigeria.
The DSS argued that the move was aimed at creating instability and confusion in the country. It expressed concerns that the establishment of such a group, if allowed to continue, could lead to political unrest, inter-group conflict, and inspire other illegal groups to form similar bodies, all of which could threaten national security.
According to the security agency, the constitution clearly states that all governmental power must come through its provisions. The DSS cited sections 1(1), 1(2), and 14(2)(a) of the Nigerian Constitution, noting that sovereignty belongs to the people and any governance outside the constitution is illegal.
It stated that it has monitored, “through intelligence reports and open source material, public statements and interviews granted by the defendant, Professor Patrick Utomi, in which he announced the purported establishment of what he temed a ‘shadow government’ or ‘shadow cabinet,’comprising of several persons that make up its ‘Minister.’
“The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognised body claiming to operate as an alternative government. contrary to the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The defendant (Utomi), through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria.
“While inaugurating the ‘shadow cabinet’, the defendant stated that it is made up of the Ombudsman and Good Governance portfolio to be manned by Dele Farotimi; the Policy Delivery Unit Team consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo and Obi Ajuga: and the council of economic advisers.
“Based on the intelligence gathered by the plaintiff, the activities and statements made by the defendant and his associates are capable of misleading segments of the Nigerian public, weakening confidence in the legitimacy of the elected government, and fuelling public disaffection,” it said.
The DSS said in the discharge of its statutory duties, it had gathered intelligence confirming that the defendant’s actions pose a clear and present danger to Nigeria’s constitutional democracy.
“The defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to Sections 1(1), 1{2), and 14(2Xa) of the 1999 Constitution (As Amended), which exclusively vests governance in institutions duly created under the constitution and through democratic elections.
“The Federal Government of Nigeria has made several efforts to engage the defendant to dissuade him from this unconstitutional path, including statements made by the Minister of Information, but the defendant has remained defiant.”
The agency said that it would be in the interest of justice, national security and the rule of law for the court to declare the existence and operations of the defendant unconstitutional and illegal. (NAN)
