Former presidential candidate Prof. Pat Utomi has been brought before the Federal High Court in Abuja by the Department of State Services (DSS) following his determination to form a shadow government in the country.
In the FHC/ABJ/CS/937/2025 suit, the security agency accused Prof. Utomi, the candidate of the African Democratic Congress (ADC) in the 2007 presidential election, of illegally usurping President Bola Tinubu’s executive powers.
The agency claimed that Prof. Utomi’s actions could destabilise the country and cause chaos.
According to the DSS, the projected shadow government is not just an aberration but also a serious violation of the Constitution and a threat to the democratically elected administration that is currently in power.
It told the court that if such a structure, known as a shadow government, is not checked, it may incite political unrest, cause intergroup tensions, and embolden other illegal actors or separatist entities to replicate similar parallel arrangements, all of which pose a serious threat to national security.
Prof. Utomi was designated as the lone defendant in the civil action the DSS filed through a team of lawyers led by Mr Akinlolu Kehinde, SAN.
Among other reliefs, the plaintiff urged the court to declare the purported “shadow government” or “shadow cabinet” being planned by the defendant and his associates as “unconstitutional, as it amounts to an attempt to create a parallel authority not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
It 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 of the Federal Republic of Nigeria, 1999 (as amended) is unconstitutional, null, and void.”
The plaintiff also prayed the court to issue an order of perpetual injunction, restraining Prof. Utomi, his agents and associates from “further taking any steps towards the establishment or operation of a ‘shadow government’, ‘shadow cabinet’ or any similar entity not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The DSS argued that section 1(1) of the 1999 Constitution, as amended, announced its supremacy and binding power on all people and authorities in Nigeria, among other grounds for its petition to the court.
It emphasised that section 1(2) banned the governing of Nigeria or any part of it other than in line with the provisions of the Constitution.
It told the court that section 14(2a) of the Constitution said that sovereignty belongs to the people of Nigeria, from whom government through the Constitution derives all its rights and authorities.
The DSS stated that Prof. Utomi’s proposed shadow government lacked legal legitimacy since it violated key provisions of the Constitution.
In an affidavit filed in support of the suit, the plaintiff described itself as the country’s primary domestic intelligence and security agency, with statutory authority to detect and prevent threats to internal security, including subversive activities capable of undermining national unity, peace, and constitutional order.
It claimed that it is statutorily mandated to protect the nation by preventing threats to the lawful authority of the Federal Republic of Nigeria and its constituent institutions.
It informed the court that the defendant had declared the putative formation of a shadow government consisting of numerous individuals who made up its ministerial cabinet.
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“The ‘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 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.
“While inaugurating the ‘shadow cabinet’, the defendant stated that it is made up of the Ombudsman and the 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.
“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 DSS added.
Furthermore, it informed the court that it was particularly concerned that such a structure, if allowed uncontrolled, may foment political upheaval, jeopardising 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(2)(a) 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,” the plaintiff added.
In the meantime, no date has been set for the lawsuit to be heard.
