DSS Sues Pat Utomi Over Alleged Plan to Form Shadow Government

The Department of State Services (DSS) has filed a lawsuit against Professor Pat Utomi at the Federal High Court in Abuja over his alleged plan to establish a “shadow government” in Nigeria.

In the suit marked FHC/ABJ/CS/937/2025 and filed on May 13, the DSS asked the court to declare the proposed structure unconstitutional and a threat to national security.

Utomi, a former presidential candidate of the African Democratic Congress (ADC) in the 2007 general elections, is listed as the sole defendant.

The secret police, through its counsel Akinlolu Kehinde, SAN, argued that Utomi’s plan to form a shadow government is an “aberration,” describing it as an attack on the 1999 Constitution and a direct threat to the democratically elected government.

According to the suit, the DSS contends that such a move, if left unchecked, “may incite political unrest, cause inter-group tensions, and embolden other unlawful or separatist actors to establish similar parallel arrangements.”

The security agency is seeking the court’s declaration that the shadow government or cabinet being promoted by Utomi is unconstitutional and constitutes an attempt to establish a parallel authority not recognized by law.

The DSS cited Sections 1(1), 1(2), and 14(2)(a) of the Nigerian Constitution, arguing that only governments operating within the constitutional framework are lawful, and that sovereignty lies solely with the people through democratically elected institutions.

Among its prayers, the DSS urged the court to grant a perpetual injunction restraining Utomi and his associates from further actions toward the establishment or operation of any shadow government or similar body.

In a supporting affidavit, the DSS reiterated its mandate to protect Nigeria’s internal security and prevent actions deemed subversive or capable of undermining peace, unity, and constitutional order.

It noted that it had monitored Utomi’s activities “through intelligence reports and open-source materials,” including media interviews where he purportedly announced the formation of a shadow cabinet comprising designated ‘ministers.’

The case is yet to be assigned a date for hearing.