“It could fuel public disaffection” – DSS sues Pat Utomi over plan to establish shadow govt

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

The suit, marked FHC/ABJ/CS/937/2025 and filed at the Federal High Court in Abuja, lists Utomi as the sole defendant.

In its filing, the DSS argues that Utomi’s actions are unconstitutional and pose a threat to national security and democratic governance.

According to court documents submitted by a legal team led by Akinlolu Kehinde (SAN), the DSS contends that the proposed shadow government, if allowed to exist, could incite political unrest, increase intergroup tensions, and encourage separatist groups to form similar unrecognized structures.

“The planned shadow cabinet is an aberration and a direct threat to the democratically elected government and constitutional order,” the DSS stated.

The security agency is asking the court to declare the shadow government illegal, stating that it amounts to the creation of a parallel authority not recognized by the 1999 Constitution.

It also seeks a perpetual injunction restraining Utomi, his agents, and associates from further activities related to the shadow government or any similar formation.

Citing Sections 1(1), 1(2), and 14(2)(a) of the Nigerian Constitution, the DSS maintains that governance must only be carried out in accordance with constitutional provisions and that any alternative authority structure is null and void.

The suit follows public statements by Utomi, in which he announced the formation of a shadow cabinet made up of individuals assigned to various roles, including Dele Farotimi as Ombudsman for Good Governance and other figures like Cheta Nwanze and Halima Ahmed as part of a Policy Delivery Unit.

In a supporting affidavit, the DSS said it had monitored Utomi’s activities through intelligence reports and open-source materials.

It claimed his actions were designed to undermine confidence in the elected government and mislead the public.

“The defendant’s statements and the inauguration of a shadow cabinet are capable of weakening public trust in democratic institutions and could fuel public disaffection,” the DSS stated.

The security agency added that the Federal Government had made several efforts to dissuade Utomi from the move, including warnings from the Minister of Information.

However, it said Utomi had remained defiant.