DSS Drags Pat Utomi to Court Over Alleged ‘Shadow Government’
The Department of State Services (DSS) has filed a high-profile lawsuit against Professor Pat Utomi, accusing the renowned political economist and former presidential candidate of attempting to establish a “shadow government” in Nigeria, a move the agency claims threatens the nation’s constitutional democracy.
Hearing Date Set by Abuja Federal High Court
Justice James Omotosho of the Federal High Court in Abuja has fixed June 25, 2025, for the hearing of the suit marked FHC/ABJ/CS/937/2025. The date was set after the DSS requested substituted service of court documents via courier to Utomi’s Lagos residence, citing an initial failure to deliver the documents in person.
Justice Omotosho approved the ex parte motion moved by the DSS’s legal counsel, Akinlolu Kehinde, SAN, and adjourned the matter for a substantive hearing.
DSS Seeks Court Declaration Against Shadow Cabinet
In its originating summons dated May 13, 2025, the DSS is asking the court to declare Utomi’s move to inaugurate a “shadow cabinet” as unconstitutional, illegal, and a grave threat to national security.
Alleged Violation of the Constitution
According to court filings, the DSS stated:
“The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognised body claiming to operate as an alternative government, contrary to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The agency further claims Utomi’s activities attempt to mimic the executive authority of a constitutionally elected government, thus violating Sections 1(1), 1(2), and 14(2)(a) of the Nigerian Constitution.
DSS: Utomi’s Actions Pose Threat to Democratic Order
The DSS accused Professor Utomi of using public statements, social media platforms, and other channels to announce the formation of the shadow government which it says seeks to challenge the legitimacy of the democratically elected government.
Intelligence Report on Public Influence
“Based on intelligence gathered, the defendant’s actions are capable of misleading segments of the Nigerian public, weakening confidence in the elected government, and fuelling political disaffection,” the DSS affidavit read.
The agency noted that the purported shadow cabinet includes high-profile appointments designed to replicate executive governance, further intensifying the potential for political unrest and inter-group tension.
DSS Calls for Injunction and Declaration
Prayers of the Suit
The DSS is seeking the following from the court:
A declaration that the creation and operation of a shadow government is unconstitutional and null;
A perpetual injunction restraining Utomi and his associates from actualising any form of parallel governance;
A ruling that Utomi’s actions are a subversive attempt to undermine national stability.
Government’s Prior Engagements Failed
The DSS claimed that despite efforts by the Federal Government including interventions by the Minister of Information, Utomi has remained defiant.
“It would be in the interest of justice, national security, and the rule of law for the court to declare the existence and operations of the defendant unconstitutional and illegal,” the DSS stated.
What’s Next?
All eyes are now on the June 25 hearing, where the Federal High Court is expected to determine whether Utomi’s actions constitute a constitutional breach and potential national threat.
