DSS Drags Prof. Pat Utomi to Court Over 'Shadow Government': Here's Everything You Need to Know

 

The Department of State Services (DSS) has officially taken legal action against Professor Pat Utomi, a renowned professor of political economy and public affairs, for what it describes as a dangerous move that threatens Nigeria’s democratic stability and violates the 1999 Constitution.

At the heart of this legal clash is Utomi’s newly launched initiative called the “Big Tent Coalition Shadow Government”, which was unveiled virtually on May 5, 2025. According to Professor Utomi, this so-called shadow government is meant to serve as a “national response emergency” to what he believes are the shortcomings of the current administration led by President Bola Ahmed Tinubu.

Let’s break down what this situation is all about and why the DSS sees it as a major threat.

What Exactly is the ‘Shadow Government’?

A shadow government—at least in concept—is not new in global politics. It is usually formed by opposition politicians or civic leaders to monitor and offer alternative policies to those of the current government. However, in Nigeria’s context, the DSS sees this differently.

Professor Utomi's version of a shadow government includes respected individuals and opposition voices. Some of the key members he appointed are:

• Dele Farotimi, a well-known human rights lawyer, who was announced as the head of the ombudsman and good governance portfolio.

• A Policy Delivery Unit Team made up of professionals like Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga.

• And also a council of economic advisers, though their full identities have not been detailed yet.

Utomi has been vocal on social media and other platforms, insisting that the shadow cabinet is meant to push for accountability, transparency, and policy alternatives.

Why Is the DSS So Concerned?

According to the DSS, this move is not as innocent or constructive as it may seem. They are treating it as a serious constitutional violation and a threat to Nigeria’s national security.

In a case filed at the Federal High Court in Abuja (suit number FHC/ABJ/CS/937/2025), the DSS, through its lead counsel Akinlolu Kehinde (SAN), is asking the court to officially declare the shadow government illegal and unconstitutional.

Here’s what the DSS is arguing:

“The creation of the shadow government is a grave attack on the 1999 Constitution (as amended) and a threat to democratic government in the country.”

The DSS also expressed deep concern that this kind of action could lead to wider instability:

“It may incite political unrest and embolden other unlawful actors to replicate similar parallel arrangements in the country.”

Essentially, they are worried that if one group can form an unofficial government, others might follow, potentially leading to confusion, unrest, or even rebellion.

What the DSS Wants from the Court

The security agency is not stopping at just words—they are asking for several declarations and court orders to put a permanent stop to Utomi’s initiative.

They are demanding that the court:

• Declare that the shadow cabinet is “unconstitutional and amounts to an attempt to create a parallel authority not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

• Confirm that under Sections 1(1), 1(2), and 14(2)(a) of the Constitution, any government authority or structure formed outside of what the Constitution permits is illegal, null, and void.

• Issue a perpetual injunction, preventing Professor Pat Utomi, his agents, and associates from “further taking any steps towards the establishment or operation of a ‘shadow government,’ ‘shadow cabinet’ or any similar entity.”

The DSS also stated in their suit:

“The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognised body claiming to operate as an alternative government, contrary to the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

The DSS Accuses Utomi of Trying to Undermine Government Legitimacy

The DSS believes that Professor Utomi’s actions are not just symbolic. They claim that his public announcements and the makeup of his shadow cabinet show a deliberate attempt to challenge the legitimacy of the current, democratically elected government.

They state in the court filing:

“The defendant (Utomi), through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria.”

The agency fears that such actions could mislead the public, weaken trust in the actual government, and fuel public disaffection, especially in a country already battling economic and social tensions.

They continue:

“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 Government Says It Tried to Reason With Utomi

According to the DSS, this wasn’t a sudden legal attack. They claim that the Federal Government tried multiple times to persuade Utomi to back away from the shadow government project, including through public statements made by the Minister of Information. But despite these efforts, Utomi remained defiant.

As stated in the court filing:

“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.”

What Happens Next?

The court is now expected to hear the matter and decide whether Utomi’s shadow cabinet poses a real threat to national unity and violates the law, or whether it’s simply a civic initiative aimed at encouraging transparency and accountability in governance.

This case raises important questions:

• Can citizens create alternative platforms for accountability in a democracy without crossing legal boundaries?

• Where is the line between civic action and unconstitutional behavior?

• And how will this affect public discourse going forward?

As we await the court’s ruling, one thing is certain: this case will spark serious national debate about democracy, free speech, and the limits of civic engagement in Nigeria.

Stay tuned to NaijaRush for all the latest updates on this developing story.