The Department of State Services (DSS) has taken legal action against Professor Pat Utomi, a former presidential candidate, over his alleged plan to establish a “shadow government” in Nigeria. The suit, filed at the Federal High Court in Abuja, accuses Utomi of attempting to undermine the nation’s constitutional democracy.
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In the suit, marked FHC/ABJ/CS/937/2025 and filed on 13 May by senior advocate Akinlolu Kehinde (SAN), the DSS urged the court to declare the move as unconstitutional and a direct threat to Nigeria’s sovereignty and democratic governance. Utomi, who contested the 2007 presidential election under the African Democratic Congress (ADC), is the sole defendant in the case.
According to the DSS, the planned shadow government constitutes an aberration and is intended to destabilise the country by creating chaos and sowing discord among citizens.
The agency argued that the establishment of such an alternative authority—outside the legal framework of the 1999 Constitution (as amended)—represents a “grave attack” on the integrity of the nation.
In its submission, the DSS stated that the proposed shadow cabinet, if not checked, could incite political unrest, heighten inter-group tensions, and inspire separatist or unlawful groups to create similar parallel structures, posing a critical risk to national unity.
Shadow Cabinet Unveiled
The suit highlights public statements and social media broadcasts in which Professor Utomi allegedly announced the formation of a “shadow cabinet.” According to DSS intelligence, the cabinet includes various units, such as:
- Ombudsman and Good Governance Portfolio – headed by Dele Farotimi
- Policy Delivery Unit Team – comprising Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga
- Council of Economic Advisers
The DSS said this body operates without constitutional recognition and seeks to mimic the powers and functions of a legitimate government, thereby undermining the authority of elected officials and democratic institutions.
Constitutional Violations Cited
Citing Sections 1(1), 1(2), and 14(2)(a) of the Nigerian Constitution, the DSS argued that any authority or government structure that exists outside the legal framework is unconstitutional, null, and void. These provisions affirm the supremacy of the Constitution and vest sovereignty in the Nigerian people, from whom the government derives its power.
The agency emphasised that governance in Nigeria must only be carried out through institutions and processes recognised by the Constitution and validated by democratic elections.
Security Implications
In an affidavit supporting the suit, the DSS stated that it has a constitutional duty to detect and prevent threats to Nigeria’s internal security. It warned that the shadow government’s activities, coupled with the rhetoric from its proponents, are capable of misleading the public, undermining faith in the democratic process, and fuelling national instability.
“The defendant’s actions amount to an attempt to usurp or mimic executive authority,” the agency stated, adding that such conduct poses a “clear and present danger” to Nigeria’s constitutional order.
Government Efforts Ignored
The DSS disclosed that multiple attempts had been made by the Federal Government to dissuade Utomi from proceeding with the initiative. These included public statements from top officials, including the Minister of Information. However, the agency claimed that Utomi has remained “defiant,” insisting on going ahead with his plan.
Court Reliefs Sought
The DSS is asking the court to:
- Declare the formation of a shadow government as unconstitutional
- Issue a perpetual injunction restraining Utomi and his associates from pursuing or operating any parallel government
- Affirm that only institutions established under the Nigerian Constitution can exercise governmental authority
The suit is yet to be assigned to a judge for hearing.
The court prepares to hear the case in the coming weeks.
