The Department of State Services (DSS), Nigeria’s secret police, has filed a new application with the Federal High Court in Abuja, seeking to restrain Prof. Pat Utomi and his associates from making public comments or holding rallies concerning the proposed formation of a “shadow government.”
This fresh application stems from an earlier suit filed by the DSS against Prof. Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), regarding his alleged plans to establish a “shadow government” in Nigeria.
The DSS, in suit no. FHC/ABJ/CS/937/2025, is asking the court to declare such a move an attack on the constitution. Justice Omotosho has scheduled the substantive case for hearing on June 25.
In the latest motion, filed on Wednesday, June 4, 2025, through its lawyer, Akinlolu Kehinde, SAN, the DSS claims to have reports that Professor Utomi, currently abroad, plans to engage in protests, road shows, and media interviews upon his return to Nigeria on June 6.
Specifically, the DSS is requesting an order of interlocutory injunction to prevent Professor Utomi and his agents from staging road shows, rallies, public lectures, public gatherings, newspaper publications, television programs, jingles, or any other public enlightenment programs related to the “shadow government” concept.
The service, in its grounds of application, argued that, if not restrained, Utomi’s proposed rallies, road shows and actions would “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria. “
It said that as the agency statutorily empowered to safeguard the internal security of the country and prevent any threats to lawful authority of the Federal Republic of Nigeria and its constituent institutions, it was incumbent on it to forstal any threat to public order, safety and national unity.
It stated that before it filed the substantive suit, Utomi, a Professor of Political Economy and Management Expert, had, through public statements, social media and other platforms engaged in statements and actions aimed at undermining the outcome of the case now pending before the court, and which he is aware of.
The DSS said it gathered through monitoring and intelligence reports that Utomi, who is currently out of the country and is due to return on June 6, plans “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.’
The plaintiff added, in a supporting affidavit, that Utomi’s intention “is to stage road shows and rallies that 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.
“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, loss of lives and property.
“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.”
On May 26, the DSS had said during the fourth edition of the Topaz Lecture Series, themed; “Shadow Government: A Distraction or Necessity”, hosted by the University of Lagos (UNILAG) Mass Communication Class of 1988 Alumni Association, Utomi made statements, capable of undermining the pending suit.
It added that in the statements, widely publicised by various national newspapers and on social media platforms, Utomi defended the creation of the purported shadow government and further stated that if the suit succeeds in favour of the DSS, himself and his group shall adopt a different name.
The DSS added that Utomi had been served with the originating process in this suit and had entered appearance vide his Counsel, Prof. Mike Ozekhome (SAN) since 20 May, 2025.
“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.
“It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application,” the DSS said.
Speaking shortly after filing the fresh application, DSS’ lawyer, Kehinde (SAN), explained the rationale behind his client’s decision to approach the court.
Kehinde said: “We, as counsel to the DSS have just filed an application seeking interlocutory injunction against the defendant and his group pending the determination of the substantive suit.
“The application, being a public document can be obtained from the registry of the honourable court.
“It is good that as members of the 4th estate of the realm you are keeping watch over the case filed against the formation of ‘Shadow Government’ by Prof. Pat Utomi and his group.
“The civil suit, as you are aware, was filed by the State Security Service (also known as DSS) in consonance with its statutory mandate of ensuring internal peace and avoidance of any form of insurrection and treasonable felony against the democratically elected government in the country.”
He said the application was filed because Utomi had continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilised parties before the court were expected to maintain the status quo pending the determination of the substantive matter.
“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 at 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 civilised organisation with absolute confidence in the rule of law.
”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. Let the court have the final say.
“Gentlemen, we must all ensure that constitutional democracy and the rule of law have its way in Nigeria,” Kehinde said.
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