The Department of State Services (DSS) has filed a legal action against former presidential candidate, Professor Pat Utomi, at the Federal High Court in Abuja over his move to establish a “shadow government” in Nigeria.
In the suit marked FHC/ABJ/CS/937/2025, the DSS accused Prof. Utomi—who contested the 2007 presidential election under the African Democratic Congress (ADC)—of attempting to unlawfully usurp the executive powers of President Bola Tinubu, warning that the move poses a serious threat to national unity and constitutional governance.
According to court documents, the DSS claims the creation of a parallel government by Prof. Utomi is “an aberration” and a “grave assault on the Constitution,” warning that such actions could incite political unrest, embolden separatist groups, and destabilize the country.
The security agency, represented by a legal team led by Senior Advocate of Nigeria (SAN), Mr. Akinlolu Kehinde, is seeking a declaration that the establishment of any structure outside the framework of the Constitution—such as a “shadow cabinet” or “alternative government”—is unconstitutional, null, and void.
The DSS is also asking the court for a perpetual injunction restraining Prof. Utomi and his associates from continuing any effort toward operating the said shadow government, citing Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended).
In a supporting affidavit, the DSS described itself as Nigeria’s primary domestic intelligence agency, tasked with detecting and preventing internal threats to national security and lawful governance. It said intelligence reports indicate that Prof. Utomi’s actions could mislead the public, create division, and delegitimize the democratically elected government.
The agency highlighted that Utomi publicly announced the formation of the shadow cabinet, with specific individuals appointed to portfolios such as Ombudsman, Good Governance, Economic Advisory Council, and a Policy Delivery Unit.
Despite efforts by the Federal Government to dissuade him—including public warnings from the Minister of Information—the DSS claims Utomi has remained defiant, thus prompting legal intervention.
The court is yet to fix a date for the hearing of the suit.
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