DSS takes Professor Pat Utomi to court over setting up a shadow government

The Department of State Services has sued a former presidential candidate, Prof. Pat Utomi, accusing him of attempting to illegally usurp President Bola Tinubu’s executive powers by setting up a shadow government.

In the suit marked FHC/ABJ/CS/937/2025, filed at the Federal High Court in Abuja, the DSS alleged that Utomi’s actions posed a threat to national security and constitutional order.

The 2007 presidential candidate of the African Democratic Congress was named as the sole defendant in the suit.

The suit, which was filed through a team of lawyers led by Akinlolu Kehinde (SAN), on Wednesday, claimed Utomi was attempting to illegally usurp the executive powers of Tinubu.

According to the suit, the planned 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 DSS, in its contentions, stated that Utomi, through public statements, social media, and other platforms, announced the formation of the body with the intent to challenge the legitimacy of the democratically elected government of Nigeria.

The secret police added that while he was inaugurating the ‘shadow cabinet’, Utomi 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.

The service said, “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 secret police also said it is certain that the defendant’s shadow government, if left unchallenged, could destabilise the country, incite political unrest and undermine national security, as it was intended to create chaos.

It claimed that such a structure, styled as a shadow government, could cause intergroup tensions and embolden other unlawful actors or separatist entities to establish similar parallel arrangements, all of which would pose a serious 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.

“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,” DSS stated.

The DSS further described the planned shadow government as not only an aberration but also a grave attack on the Constitution and a threat to the democratically elected government currently in place.

Among its requests, the DSS asked the court to declare the purported “shadow government” or “shadow cabinet” being planned by the defendant and his associates as unconstitutional.

It argued that the move amounts to an attempt to create a parallel authority not recognised by the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The DSS further prayed the court to declare 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.

Additionally, the DSS sought “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 highlighted several grounds for its approach to the court, maintaining that Section 1(1) of the 1999 Constitution (as amended) establishes the Constitution’s supremacy and its binding force on all persons and authorities in Nigeria.

It further emphasised that Section 1(2) prohibits the governance of Nigeria or any part thereof except in accordance with constitutional provisions.

The secret police also referred to Section 14(2)(a) of the Constitution, which declares that sovereignty belongs to the people of Nigeria, from whom the government derives all its powers and authority.

It argued that Utomi’s proposed shadow government lacks legal legitimacy, as it contravenes multiple constitutional provisions.

In an affidavit supporting the suit, the DSS described itself as the principal domestic intelligence and security agency statutorily mandated to detect and prevent threats to internal security, including subversive activities capable of undermining national unity, peace, and constitutional order.

It added that it is empowered to safeguard the nation by preventing threats to the lawful authority of the Federal Republic of Nigeria and its constituent institutions.

The DSS further told the court that the defendant had announced the establishment of what he termed a shadow government, comprising several individuals making up its ministerial cabinet.

The court is yet to fix a date for the hearing.