Court to deliver judgment in DSS suit against Pat Utomi over shadow government
By: Zagazola Makama
A Federal High Court, Abuja, will on Monday deliver judgment in a suit filed by the Department of State Services (DSS) challenging the legality of Prof. Pat Utomi’s alleged plan to establish a “shadow government” in Nigeria.
Justice James Omotosho fixed Sept. 29 for judgment after entertaining final arguments from counsel to the parties and hearing the opinions of seven amici curiae invited by the court.
In the suit marked FHC/ABJ/CS/937/2025, the DSS is asking the court to declare Utomi’s plan unconstitutional, describing it as alien to the 1999 Constitution and capable of causing anarchy and destabilising the country.
The secret service argued that with a democratically-elected government in place, any shadow government as proposed by Utomi could incite political unrest, fuel intergroup tensions and embolden separatist groups to set up similar structures, thereby threatening national security.
It urged the court to hold that the proposed shadow cabinet amounted to creating a parallel authority not recognised by law.
The DSS also sought a declaration that, under Sections 1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of any governmental structure outside the constitutional provisions is unconstitutional, null and void.
In addition, it prayed for an order of perpetual injunction restraining Utomi, his agents and associates from taking any steps towards establishing or operating a shadow government, shadow cabinet or similar entity.
During his final submission on July 10, counsel to the DSS, Mr Akinlolu Kehinde (SAN), argued that Utomi lacked the constitutional power to set up any parallel government structure.
He submitted that the plan was designed to undermine the authority of the state, warning that while freedom of expression was guaranteed, it could not be exercised in a manner that threatened the government in power.
“The right to express one’s freedom is granted, but there is a limitation where the exercise of such right brings tension against the government of the day. We must not allow the cat to get out of the cage before chasing it,” Kehinde said.
