- Safiu Kehinde
The Department of State Services (DSS) has dragged a Nigerian University don and former presidential candidate, Prof. Pat Utomi, to court over creation of a shadow government.
As contained in the suit marked FHC/ABJ/CS/937/2025 and filed at the Federal High Court in Abuja against the Professor of Political Economy, the DSS accused him of engaging in activities capable of destabilising the country and posing a threat to Nigeria’s constitutional order.
The secret police described the shadow government created by Utomi, the 2007 African Democratic Congress (ADC) presidential candidate, as an affront to the Nigerian constitution and a threat to the democratic government in power.
In the suit filed by its legal counsels led by Akinlolu Kehinde (SAN), the DSS labelled Utomi’s shadow government as illegal and an alleged attempt to instigate public disaffection against President Tinubu.
The shadow government is said to include the Ombudsman and Good Governance portfolio to be led by Dele Farotimi; a Policy Delivery Unit team comprising Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga; as well as a Council of Economic Advisers.
This formation , according to the DSS, amounts to operating as an alternative government, contrary to the provisions of the 1999 Constitution of the Federal Republic of Nigeria.
“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 suit wrote.
It warned that the shadow government could destabilise the country, incite political unrest, and threaten national security by creating chaos.
“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 DSS wrote.
The agency however recounted several efforts by the Federal Government to engage Utomi which proved abortive as the former presidential candidate allegedly remained defiant.
This, according to the DSS led to the legal action against him with the agency demanding the court’s declaration of the shadow government as illegal.
“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 DSS submitted.
It further reiterated its demand by asking the court to declare the purported “shadow government” or “shadow cabinet” as unconstitutional, arguing that it constitutes an attempt to establish a parallel authority not recognized by the 1999 Constitution.
Citing the sections 1(1), 1(2), and 14(2)(a) of the constitution, the DSS also sought the court’s affirmation that creation or operation of any governmental authority or structure outside constitutional provisions is unconstitutional, null, and void.
Additionally, it sought “an order of perpetual injunction restraining the defendant, his agents, and associates from taking any steps towards establishing or operating a ‘shadow government,’ ‘shadow cabinet,’ or any similar entity not recognised by the Constitution.”
However, the court is yet to fix date for the hearing of the suit.