The Department of State Services (DSS) on Wednesday filed a new motion against Prof. Pat Utomi at the Federal High Court in Abuja about his claimed preparations to hold demonstrations in relation to an ongoing litigation against him.
The DSS, through its counsel, Akinlolu Kehinde, SAN, filed an application before Justice James Omotosho requesting that the court stop Utomi and his accomplices from making additional public comments or participating in rallies over the intended “shadow government” creation.
Recall that the DSS had previously brought Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), before Justice Omotosho for his claimed attempt to establish “a shadow government” in the country.
The security agency, in the action marked FHC/ABJ/CS/937/2025, requested that the court declare the move an attack on the constitution, and Justice Omotosho scheduled the hearing for June 25.
Meanwhile, the new motion submitted before the presiding judge was in response to rumours that Utomi, who is claimed to be currently abroad, intended to participate in protests, road performances, media interviews, and other activities when he returned to the nation on June 6.
In its application filed on Wednesday, the DSS requested one remedy.
It sought an interlocutory injunction prohibiting the defendant/respondent (Utomi) and his agents from organising road shows, rallies, public lectures, or any other type of public gathering, as well as newspaper articles, television programs, jingles, or any other public enlightenment programme.
In its grounds of application, the agency said that if not curtailed, Utomi’s proposed demonstrations, road shows, and acts would “constitute a serious threat to the public order, safety, and national unity of the Federal Republic of Nigeria.”
It stated that as the agency statutorily mandated to protect the country’s internal security and prevent threats to the lawful authority of the Federal Republic of Nigeria and its constituent institutions, it was its responsibility to report any threat to public order, safety, or national unity.
It stated that prior to filing the substantive suit, Utomi, a professor of political economy and management expert, engaged in statements and actions aimed at undermining the outcome of the case now pending in court, of which he is aware.
According to the DSS, Utomi, who is currently out of the country and is scheduled to return on June 6, intends to stage road shows and rallies under the guise of freedom of speech and association in order to incite public discontent in support of his purported shadow government/shadow cabinet’.
In a supporting affidavit, the plaintiff added that Utomi’s intention “is to stage road shows and rallies that are capable of drawing a large number of Nigerians with intent that will cause huge disruption of peace, breakdown of public order, and enable riots and violent protests just as the recent ‘End SARS” protests in 2020.
“All the planned protests, riots and agitations that will ensue, if the purported actions of the defendant/respondent are not stayed, may lead to mayhem with a potential for anarchy and loss of lives and property.
“The proposed allies, road shows and actions of the defendant/respondent constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
According to the DSS, Utomi made statements capable of undermining the pending suit on May 26 during the fourth edition of the Topaz Lecture Series, themed “Shadow Government: A Distraction or Necessity” and hosted by the University of Lagos (UNILAG) Mass Communication Class of 1988 Alumni Association.
It claimed that in statements widely circulated by various national publications and social media platforms, Utomi defended the formation of the alleged shadow government and stated that if the suit is successful in favour of the DSS, he and his organisation will assume a new identity.
The agency noted that Utomi had been served with the originating process in this litigation and had appeared through his counsel, Prof. Mike Ozekhome (SAN), on May 20, 2025.
“The defendant/respondent (Utomi) is aware of the pendency of this action before this honourable court, as he has been served with the originating process in this suit by courier as ordered by this honourable court.
“Unless this honourable court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court.
“It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application,” the DSS said.
Speaking shortly after filing the new application, DSS’s lawyer, Kehinde, SAN, explained the rationale behind his client’s decision to approach the court.
Kehinde said, “We, as counsel to the DSS, have just filed an application seeking an interlocutory injunction against the defendant and his group pending the determination of the substantive suit.
“The application, being a public document, can be obtained from the registry of the honourable court.
“It is good that as members of the 4th estate of the realm, you are keeping watch over the case filed against the formation of ‘Shadow Government’ by Prof. Pat Utomi and his group.
“The civil suit, as you are aware, was filed by the State Security Service (also known as DSS) in consonance with its statutory mandate of ensuring internal peace and avoidance of any form of insurrection and treasonable felony against the democratically elected government in the country.”
He stated that the application was filed because Utomi had continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilised parties before the court were expected to maintain the status quo pending the determination of the substantive matter.
“What our client has submitted to the court is for the interpretation of the constitution, whether any form of government by whatever nomenclature can be formed or allowed outside the constitution.
“Furthermore, our client is not interested in arresting anybody in respect of this matter, having on its own accord submitted itself to the jurisdiction of the honourable court to interpret the constitution and determine the legality or otherwise of the ‘Shadow Government’ or any other nomenclature that it may be so named.
“It must be pointed out that our client, under its current leadership, is a very civilised organisation with absolute confidence in the rule of law.
Its personnel will always approach the court of law whenever it feels that there is any infraction on its statutory duties by anyone or the rights of its personnel.” Let the court have the final say.
“Gentlemen, we must all ensure that constitutional democracy and the rule of law have their way in Nigeria,” Kehinde said.
