DSS Drags Pat Utomi To Court Over Shadow Government

The Department of State Services (DSS) has filed a lawsuit against Prof. Pat Utomi, a former presidential candidate, at the Federal High Court in Abuja, accusing him of establishing an illegal shadow government.

The suit, marked FHC/ABJ/CS/937/2025, lists Utomi, the 2007 African Democratic Congress presidential candidate, as the sole defendant, alleging that his actions aim to unlawfully challenge the executive authority of President Bola Tinubu.

Utomi recently announced the creation of a 39-member shadow government, claiming it was a response to the alleged mismanagement of governance by the Tinubu-led Federal Government.

While the Federal Government and the All Progressives Congress criticized the initiative, Utomi maintained that his actions were within his constitutional rights.

In the suit filed by its lawyer, Akinlolu Kehinde (SAN), the DSS labeled Utomi’s shadow government as unlawful, asserting that it seeks to incite public discontent against President Tinubu.

The agency argued that Utomi’s creation of a parallel cabinet violates the 1999 Constitution of the Federal Republic of Nigeria.

The DSS alleged that Utomi used public statements, social media, and other platforms to promote his shadow government, positioning it as a challenge to the legitimacy of Tinubu’s democratically elected administration.

According to the DSS, 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.

The DSS stated: “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 agency warned that, if not addressed, the shadow government could destabilize Nigeria, provoke political unrest, and jeopardize national security by fostering chaos.

The agency further contended that such a structure risks escalating inter-group tensions and encouraging unlawful actors or separatist movements to establish similar parallel systems, posing a significant 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 DSS stated.

The DSS argued that Utomi’s actions constitute an attempt to mimic or usurp executive powers, violating Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended), which vest governance exclusively in institutions established 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,” the agency noted.

The DSS urged the court to declare Utomi’s shadow government unconstitutional, describing it as a severe assault on the Nigerian Constitution and a threat to the democratically elected government.

“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,” the DSS submitted.

The agency requested that the court rule the “shadow government” or “shadow cabinet” unconstitutional, asserting that it represents an attempt to create a parallel authority not recognized by the 1999 Constitution.

The DSS also sought a judicial affirmation that, under Sections 1(1), 1(2), and 14(2)(a) of the constitution, any governmental structure or authority operating outside constitutional provisions is null and void.

Additionally, the DSS asked 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 agency supported its claims by citing Section 1(1) of the 1999 Constitution, which establishes the Constitution’s supremacy, Section 1(2), which prohibits unconstitutional governance, and Section 14(2)(a), which affirms the sovereignty of the people.

In an affidavit accompanying the suit, the DSS identified itself as Nigeria’s primary domestic intelligence and security agency, tasked with detecting and preventing internal threats, including subversive activities that could undermine national unity.

The agency emphasized its responsibility to protect the lawful authority of the Federal Republic of Nigeria and its institutions.

The DSS reiterated that Utomi had publicly declared the formation of a shadow government, assigning individuals to various ministerial roles.

A hearing date for the case has yet to be scheduled by the court.