Abuja: The Department of State Services (DSS) has initiated legal proceedings against Prof. Pat Utomi, accusing him of attempting to establish a ‘shadow government’ within the country. The DSS, through a lawsuit filed at the Federal High Court in Abuja, has asked the court to classify this initiative as an attack on the nation’s constitution.
According to News Agency of Nigeria, the legal action is outlined in a fresh suit identified as FHC/ABJ/CS/937/2025, with Utomi, the African Democratic Congress’s 2007 Presidential Candidate, named as the sole defendant. The security agency, represented by Akinlolu Kehinde, SAN, filed the suit on May 13, arguing that Utomi’s plan aims to create chaos and destabilize the nation. The DSS contends that the proposed shadow government presents a severe constitutional breach and endangers the current democratically elected government.
The DSS expressed concerns that such a setup, if not prevented, could incite political unrest and encourage other unlawful or separatist groups to form similar parallel entities, posing a significant threat to national security. The agency urged the court to declare the proposed ‘shadow government’ or ‘shadow cabinet’ unconstitutional, stating it attempts to establish a parallel authority unrecognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Further legal arguments presented by the DSS are grounded in the assertion that the establishment of any government structure outside the constitutional provisions is unconstitutional. The agency has requested a perpetual injunction to prevent Utomi and his associates from further pursuing the establishment of a ‘shadow government’ or any similar entity.
The DSS highlighted the supremacy of the constitution as declared in Section 1(1) and the prohibition under Section 1(2) against governing Nigeria outside its provisions. It emphasized that sovereignty belongs to the people of Nigeria, with all government powers derived from the constitution.
In a supporting affidavit, the DSS described its role as Nigeria’s primary domestic intelligence and security agency, charged with preventing threats to internal security, including subversive activities. The agency stated it had monitored public statements and interviews by Utomi announcing the formation of a ‘shadow government’ or ‘shadow cabinet,’ which it deemed unregistered and unrecognized.
The DSS reported that Utomi’s actions, including the inauguration of the shadow cabinet, posed a risk of misleading the public and eroding confidence in the legitimate government. Intelligence gathered by the agency suggested that Utomi’s activities could potentially undermine Nigeria’s constitutional democracy.
Despite efforts by the Federal Government to engage with Utomi and dissuade him from this path, including statements from the Minister of Information, the defendant has remained defiant. The DSS maintains that the court’s intervention is critical for upholding justice, national security, and the rule of law by declaring Utomi’s actions unconstitutional and illegal.
The lawsuit is pending assignment to a judge for hearing.