A Federal High Court in Abuja, presided over by Justice James Omotosho, has ordered that court documents be served on Professor Pat Utomi over his alleged involvement in the creation of a “shadow government” in Nigeria.
The order comes as the court prepares to hear a suit filed by the Department of State Services (DSS), which claims Utomi’s actions pose a serious threat to the country’s constitutional order.
In the ex parte motion presented by DSS counsel Akinlolu Kehinde, the court granted permission for the documents to be served on Utomi via courier at his Lagos address.
The case has been scheduled for hearing on June 25, by which time Utomi is expected to have responded.
The DSS argues that Utomi’s alleged attempt to establish a parallel governance structure is unlawful and could destabilize the nation.
In court filings dated May 13, the DSS stated that the proposed shadow government “constitutes a grave attack on the Constitution and a threat to the current democratically elected government.”
The agency contends that the formation of such a body could incite unrest and embolden separatist groups.
“If left unchecked, it might incite political unrest, cause inter-group tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which pose a grave threat to national security,” the DSS warned.
According to the suit, the DSS wants the court to declare the alleged “shadow government” or “shadow cabinet” as unconstitutional and to issue an injunction permanently restraining Utomi, his agents, and associates from moving forward with the initiative.
The security agency specifically seeks a declaration that under Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended), “the establishment or operation of any governmental authority or structure outside the provisions of the Constitution… is unconstitutional, null, and void.”
The DSS argues that “the purported ‘shadow government’ or ‘shadow cabinet’ being planned by Utomi and his associates” amounts to “an attempt to create a parallel authority not recognized by the Constitution.”
Asserting its legal mandate, the DSS said in a supporting affidavit that it serves as Nigeria’s primary domestic intelligence and security agency, responsible for detecting and preventing threats to the country’s internal stability, including subversive activities.
“The defendant (Utomi), 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 DSS stated.
The agency further alleged, “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).”
According to the suit, the DSS has been monitoring Utomi’s activities through “intelligence reports and open source material, public statements and interviews,” in which he publicly referenced the formation of a parallel cabinet and its designated “ministers.”
“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 agency stated.
“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 DSS concluded.
