The Department of State Services (DSS) has filed a suit against a renowned Economics, Professor Pat Utomi before the Federal High Court in Abuja over his formation of a shadow government.
The Secret Service said that in the discharge of its statutory duties, it gathered intelligence confirming that the Prof Utomi’s actions pose a clear and present danger to Nigeria’s constitutional democracy.
The DSS in the suit number FHC/ABJ/CS/937/2025, named Utomi, as the sole defendant, accusing him of attempting to unlawfully usurp the executive powers of President Bola Ahmed Tinubu.
Utomi, who was the presidential candidate of the African Democratic Congress ADC) in 2007, recently unveiled a 39-man Shadow Government, stressing that it was necessitated by what he described as “poor handling of governance” by President Tinubu-led Federal Government.
However, the Federal Government and the ruling All Progressives Congress APC), condemned the formation of the Shadow Government, stressing that presidential system of government does not provide room for a Shadow Government.
The DSS in the suit filed through its lawyer, Akinlolu Kehinde, SAN, described Utomi’s Shadow Government as illegal and an attempt to instigate public disaffection against President Tinubu.
The DSS said; “Utomi’s shadow government or cabinet amounts to operating as an alternative government, contrary to the provisions of the 1999 Constitution of the Federal Republic of Nigeria”.
The DSS further said that Utomi, through public statements, social media, and other platforms, announced the creation of the Shadow Government to challenge the legitimacy of the democratically elected government of President Bola Tinubu.
The secret service noted that during the inauguration of the ‘Shadow cabinet’, Utomi reportedly stated that it includes the Ombudsman and Good Governance portfolio to be led by Dele Farotimi; a Policy Delivery Unit team comprising Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga; as well as a Council of Economic Advisers.
According to the DSS; “Based on intelligence gathered, 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 shadow government, if left unchecked, could destabilise the country, incite political unrest, and threaten national security by creating chaos. Such a structure could stoke inter-group tensions and embolden unlawful actors or separatist movements to form similar parallel arrangements, posing a significant threat to national security,” it said.
The DSS specifically noted that the defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended), which exclusively vests governance in institutions duly created under the Constitution and through democratic elections.
It further said; “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.
“It is in the interest of justice, national security, and the rule of law for this honourable court to declare the existence and operations of the defendant unconstitutional and illegal,” it urged the court.
The DSS also described Utomi’s Shadow Government as not only an aberration, but a grave attack on the Nigerian Constitution and a threat to the democratically elected government and therefore urged the Court to declare the purported “Shadow Government” or “Shadow Cabinet” as unconstitutional, stressing that it constitutes an attempt to establish a parallel authority not recognized by the 1999 Constitution.
It also prayed the court to affirm that, under sections 1(1), 1(2), and 14(2)(a) of the constitution, the creation or operation of any governmental authority or structure outside constitutional provisions is unconstitutional, null, and void.
It therefore requested for “an order of perpetual injunction restraining the defendant, his agents, and associates from taking any steps towards establishing or operating a ‘shadow government,’ ‘shadow cabinet,’ or any similar entity not recognised by the Constitution.”
The DSS in supporting its claims highlighted Section 1(1) of the 1999 Constitution (as amended), which establishes the Constitution’s supremacy and binding authority over all persons and institutions in Nigeria.
It also referenced Section 1(2), which prohibits governance outside constitutional provisions, and Section 14(2)(a), which affirms that sovereignty belongs to the people.
The DSS noted that Utomi’s initiative lacks any legal legitimacy and violates multiple constitutional provisions.
The Service in an affidavit attached to the suit, identified itself as Nigeria’s principal domestic intelligence and security agency, statutorily mandated to detect and prevent internal security threats, including subversive activities that could undermine national unity and order, stressing that its duty is to safeguard the nation by preventing threats to lawful authority of the Federal Republic of Nigeria and its institutions.
The court has yet to fix a date for the for the commencement of the case.
