The Department of State Services (DSS) has dragged Professor Pat Utomi to a Federal High Court in Abuja over his alleged plan to establish “a shadow government” in the country.
DSS, in the suit filed on May 13, was specifically seeking an order of perpetual injunction, restraining Utomi, his agents and associates “from further taking any steps towards the establishment or operation of a ‘shadow government,’ ‘shadow cabinet’ or any similar entity not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
According to the plaintiff, the planned shadow government is an aberration, and constitutes a grave attack on the constitution and a threat to the democratically elected government that is currently in place.
In the suit marked: FHC/ABJ/CS/937/2025, DSS claimed that the move by Utomi was intended to create chaos and destabilise the country.
DSS, which predicated the legal action on the grounds that the constitution was supreme and binding on all persons and authorities in Nigeria, stated that Section 1(2) of the 1999 Constitution prohibited the governance of Nigeria or any part thereof except in accordance with the provisions of the constitution.
The plaintiff claimed that Utomi’s proposed shadow government lacked constitutional recognition and authority, thereby contravening the aforementioned provisions.
In an affidavit in support of the suit, the secret service claimed that it was the principal domestic intelligence and security agency of the Federal Republic of Nigeria, statutorily mandated to detect and prevent threats to the internal security of Nigeria, including subversive activities capable of undermining national unity, peace and constitutional order.
The plaintiff claimed to have monitored, “through intelligence reports and open source material, public statements and interviews granted by the defendant, Prof. Patrick Utomi, in which he announced the purported establishment of what he termed a ‘shadow government’ or ‘shadow cabinet’ comprising of several persons that make up its ‘Minister.’”
DSS argued, “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.
“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.”
The plaintiff, in the suit, added that Utomi’s actions amounted 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 plaintiff further stated that the federal government had 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 had remained defiant.
The agency said 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.
It urged the court to declare the purported “shadow government” or “shadow cabinet” being planned by Utomi and his associates as “unconstitutional and amounts to an attempt to create a parallel authority not recognised by the constitution”.
Other reliefs sought included a declaration that “under Sections 1(1), 1(2) and 14(2)(a) of the constitution, the establishment or operation of any governmental authority or structure outside the provisions of the constitution is unconstitutional, null, and void.”
The suit filed on behalf of the service by Mr Akinlolu Kehinde, SAN, was yet to be assigned to a judge.
