The Department of State Services (DSS) has filed a suit against Professor Pat Utomi at the Federal High Court in Abuja over his recent formation of what he called a “shadow government,” accusing him of attempting to usurp the constitutional powers of President Bola Tinubu.
In a suit marked FHC/ABJ/CS/937/2025, filed on May 13, the DSS is seeking a perpetual injunction to restrain Utomi, his associates, and agents from continuing with the creation or operation of a “shadow government,” “shadow cabinet,” or any similar parallel political structure not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The DSS, through its legal team led by Akinlolu Kehinde (SAN), contends that the initiative poses a threat to national security and constitutes a violation of constitutional order. The secret police argued that “Utomi’s proposed shadow government lacks constitutional recognition and authority,” and described the initiative as “an aberration” and “a grave attack on the constitution.”
According to court filings, the DSS alleged that Utomi had announced the inauguration of a shadow cabinet comprising several portfolios and advisers. The agency cited a list of appointees, including Dele Farotimi for Ombudsman and Good Governance, and members of the Policy Delivery Unit such as Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga.
The DSS stated, “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.”
It further asserted that such a structure could embolden separatist or unlawful groups to mimic the model, thereby posing a “clear and present danger to Nigeria’s constitutional democracy.”
The agency warned, “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 suit also noted that “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.”
Reacting to the suit, Professor Utomi, an economist and former presidential candidate took to his official X handle to express his lack of fear over the legal move. He dismissed the DSS’s claims as “shadowy business of chasing shadows of shadow cabinets” and maintained his commitment to democratic accountability.
“I am heartened by messages of solidarity from across Nigeria on this shadowy business of chasing shadows of shadow cabinets,” he wrote. “It’s energising that some want to put together 500 lawyers to defend me against the DSS.”
Utomi, who launched the Big Tent Coalition Shadow Government on May 5, described it as a platform to hold the Tinubu administration accountable and offer policy alternatives across key sectors like education, economy, healthcare, and constitutional reform. The coalition includes members of opposition parties and civil society.
“It’s amazing that we are chasing shadows while our constitution is unravelling, aided by those in power. The constitution holds that those who defect from parties for which they were elected from must have their seats declared vacant. If DSS enjoys going to court, it should prosecute such.” He wrote.
Utomi reflected on his history of activism, recalling how he chaired a pro-democracy conference during the Abacha regime at St. Leo’s Catholic Church in Ikeja. “Under Abacha, we brought Nigerians together at St. Leo in Ikeja for a conference on the future of Nigeria. I chaired the planning which came out of the Catholic Secretariat of Nigeria, on the watch of then Fr. (Matthew Hassan) Kukah and (George) Ehusani,” he noted.
Utomi also made it clear he is not going into hiding.
He said, “Where am I? Will arrive on June 12 and head to Abiola’s residence. My hands are primed for handcuffs and if the Aquino treatment from Marcos, bullet at the airport is preferred, I submit willing like a lamb led to slaughter.”
“Death is no big deal. 4 of my friends are in the morgue.”
He ended by calling on the spirit of famous freedom fighters and remembering Carl Sagan’s words.
“To the Spirit of Mahatma Ghandi, Martin Luther King Jnr, Nelson Mandela and the holy watch of St. Thomas Moore, I raise the meaning of being for what is left of my time on this stage.”
“I remember the showman of Science, Carl Sagan, as the NASA orbiter turned its camera to earth for the final time.
A spec of dust, home to tyrants who have threatened Rivers of Blood; and also to all those we have loved. I am emboldened to chant freedom now. If we die, we die.”
The court has not yet set a date to hear the case.
