In a significant legal development, Justice James Omotosho of the Federal High Court in Abuja has mandated the service of court documents to Professor Pat Utomi, a 2007 presidential candidate of the African Democratic Congress (ADC). This order relates to a suit filed by the Department of State Services (DSS) over allegations that Utomi plans to establish a “shadow government” in Nigeria, an act the DSS claims is unconstitutional and a threat to the democratically elected government.
The court granted an ex parte motion submitted by the DSS’s legal counsel, Akinlolu Kehinde, directing that the court papers be served to Utomi at his Lagos residence via courier. The hearing for the matter is scheduled for June 25, by which time Utomi is expected to file his defence.
In the lawsuit filed on May 13, the DSS contended that the formation of a parallel “shadow government” is a serious violation of Nigeria’s constitutional order. The agency expressed concerns that such a structure could incite political unrest, exacerbate inter-group tensions, and encourage other unlawful or separatist entities to form similar parallel authorities — all posing a substantial risk to national security.
The DSS has petitioned the court to declare the proposed “shadow government” or “shadow cabinet” unconstitutional, describing it as an attempt to create a parallel authority not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Furthermore, the DSS seeks an order restraining Utomi, his agents, and associates from further steps towards establishing or operating any such body.
The legal challenge cites key constitutional provisions including Sections 1(1), 1(2), and 14(2)(a), which respectively affirm the supremacy of the Constitution, prohibit governance outside its provisions, and declare that sovereignty belongs to the Nigerian people from whom government authority is derived.
According to the DSS, Utomi’s “shadow government” lacks any constitutional recognition or lawful authority, making it null and void under Nigerian law.
In an affidavit supporting the suit, the DSS stated its role as the principal domestic intelligence and security agency tasked with detecting and preventing threats to Nigeria’s internal security, including activities that could undermine national unity and constitutional order.
The DSS also referenced intelligence reports and public statements by Utomi announcing the formation of this shadow government, comprising individuals appointed as “ministers.” The agency emphasised that this body is unregistered, unrecognised, and intended to challenge the legitimacy of the elected government.
“The defendant, through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria,” the affidavit reads.
The DSS warned that the activities of Utomi and his associates could mislead the Nigerian public, erode confidence in the government’s legitimacy, and fuel public disaffection.
In its closing arguments, the DSS urged the court to act in the interest of justice, national security, and the rule of law by declaring the activities unconstitutional and illegal.
As the matter awaits the June 25 hearing, the nation watches closely, given the broader implications of such parallel governance claims on Nigeria’s democratic stability.
