A Federal High Court sitting in Abuja on Wednesday, May 21, 2025, ordered service of processes on renowned political economist, Professor Pat Utomi in respect of a suit filed by the Department of State Services (DSS), challenging his plan to establish a ‘Shadow Government’ in the country.
The Court presided over by Justice James Omotosho granted an ex-parte motion argued by the Counsel to the DSS, Mr Akinlolu Kehinde, SAN, for an order allowing service of court documents on the 2007 presidential candidate of the African Democratic Congress (ADC), Patrick Okedinachi Utomi (popularly known as Prof. Pat Utomi), who listed as the sole defendant, in his Lagos address by means of courier service.
In the suit marked: FHC/ABJ/CS/937/2025 filed by the DSS through a team of lawyers, led by Akinlolu Kehinde, SAN, the Agency stressed that not only was the planned ‘Shadow Government’ an aberration, it also constituted a grave attack on the 1999 Constitution and a threat to the democratically-elected government of President Bola Ahmed Tinubu.
The plaintiff gave Utomi’s Lagos address as: No. 6 Balarabe Musa Crescent, off Samuel Manuwa Street, Victoria Island, Lagos, State.
Justice Omotosho adjourned for hearing of the case till June 25, when, as expected, Utomi would have filed his defence.
In the suit filed on May 13, the DSS said that such a structure, styled as a ‘Shadow Government’, if left unchecked, might incite political unrest, cause intergroup tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which posed a grave threat to national security.
The DSS said that the Federal Government of Nigeria had made several efforts to engage the defendant to dissuade him from the unconstitutional path, including statements by the Minister of Information, but the defendant remained defiant.
It therefore said that it is 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.
The DSS also wants the court to declare the purported ‘Shadow Government’ or ‘Shadow Cabinet’ being proposed by Utomi and his associates as “unconstitutional and amounts to an attempt to create a parallel authority not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The Plaintiff is also seeking 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 of the Federal Republic of Nigeria, 1999 (as amended) is unconstitutional, null, and void”.
The Agency also wants the court to issue 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)”.
The DSS said that Section 14(2Xa) states that sovereignty belongs to the people of Nigeria, from whom government through the Constitution derives all its powers and authority.
The DSS therefore contended that Utomi’s proposed ‘Shadow Government lacked constitutional recognition and authority, thereby contravening the aforementioned provisions.
In a supporting affidavit, the DSS contended that it is 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.
It stressed that it was statutorily empowered to safeguard the internal security of Nigeria and prevent any threats to the lawful authority of the Federal Republic of Nigeria and its constituent institutions.
The DSS said it had monitored, “through intelligence reports and open-sourced material, public statements and interviews granted by the defendant, Professor Patrick Utomi, in which he announced the purported establishment of what he termed a ‘Shadow Government’ or ‘Shadow Cabinet,’ comprising several persons that make up its ‘Minister.’
According to the DSS; “The ‘Shadow Government’ or ‘Shadow Cabinet’ is an unregistered and unrecognized body purporting 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 ls 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 further stated that it was particularly concerned that such a structure, styled as a ‘shadow government,’ if left unchecked, might incite political unrest, cause intergroup tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which pose a grave threat to national security.
“The plaintiff, in the discharge of Its statutory duties, has 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,” it affirmed.
