The Department of State Services (DSS) has approached the Federal High Court in Abuja, seeking an order to bar former presidential candidate, Professor Patrick Utomi, from making public statements, holding rallies, or engaging in any activity related to his proposed shadow government.
In a fresh application filed on Wednesday, June 4, the DSS, through a team of lawyers led by Senior Advocate of Nigeria, Akinlolu Kehinde, informed the court that Utomi is currently reported to be outside the country and is planning to return to Nigeria on June 6 to launch a series of protests, roadshows, and media engagements aimed at pushing his alternative government agenda.
“The proposed allies, road shows and actions of the Defendant/Respondent constitutes a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria,” the DSS stated in an affidavit submitted to the court in support of its application.
The DSS is asking for “an order of interlocutory injunction, restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him, from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programs, jingles or any other public enlightenment programme (s) aimed at sensitizing, instigating, propagating or in any way promoting the purported ‘shadow government/shadow cabinet’ or its objectives or goals, with the view to establishing the said ‘shadow government’, pending the hearing and determination of the substantive suit.”
According to the agency, Utomi’s activities are an attempt to unlawfully assume executive powers and undermine the administration of President Bola Tinubu. It noted that “Utomi would return to the country to stage road shows and rallies under the guise of freedom of speech and association, in a bid to cause public discontent in furtherance of his establishment of the purported shadow government/shadow cabinet.”
It further warned that the rallies and public engagements planned by Utomi “are capable of drawing a large number of Nigerians with intent that will cause huge disruption of peace, breakdown of public order, enable riots and violent protests just as the recent ‘End SARS’ protests in 2020.”
The agency pointed out that it has the statutory responsibility to protect the country’s internal security and guard against threats to constitutional governance. It emphasized that it was acting to “forstal any threat to public order, safety and national unity.”
The DSS also informed the court that on May 26, Utomi participated in the fourth edition of the Topaz Lecture Series, themed “Shadow Government: A Distraction or Necessity,” organized by the University of Lagos Mass Communication Class of 1988 Alumni Association. At the event, Utomi reportedly made remarks defending the formation of a shadow government and indicated that if the DSS succeeds in its suit, he and his group would simply adopt a new name.
In its affidavit, the agency warned that “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, toss of lives and property.”
It also confirmed that Utomi had been officially served with the court documents through his lawyer, Professor Mike Ozekhome, SAN. “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,” the DSS said.
The agency concluded its court filing by asserting that “it is in the interest of justice, national security, and the rule of law for this honourable court to grant this application.”
Addressing journalists after the application was submitted, DSS counsel Akinlolu Kehinde, SAN, stated that the agency approached the court to prevent any form of insurrection and to maintain constitutional order.
“This fresh application is premised on the fact that despite the pendency of the substantive action, the service of same on the defendant and the entry of appearance to same by his Counsel, Mike Ozekhome, SAN, the defendant has continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilized parties before the court are expected to maintain the status quo pending the determination of the substantive matter,” Kehinde said.
He added: “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 civilized organization with absolute confidence in the rule of law and that is why, it or any of 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.”
The case, filed under suit number FHC/ABJ/CS/937/2025, has been scheduled for hearing before Justice James Omotosho on June 25.
