Nigeria’s Department of State Services (DSS) has initiated legal action against former presidential candidate Professor Pat Utomi, accusing him of attempting to illegally seize President Bola Tinubu’s executive powers by forming a shadow government.
In the lawsuit, filed at the Federal High Court in Abuja and marked FHC/ABJ/CS/937/2025, the DSS contends that Utomi’s actions pose a threat to Nigeria’s national security and constitutional framework. Utomi, who was the African Democratic Congress’s presidential candidate in 2007, is the sole defendant named in the suit.
The DSS, through its legal team led by Akinlolu Kehinde (SAN), asserted on Wednesday that Utomi was trying to unlawfully take over Tinubu’s executive authority.
The suit describes the planned shadow government or cabinet as an unregistered and unrecognized entity that claims to operate as an alternative government, which the DSS argues is contrary to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
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According to the DSS, Utomi has used public statements, social media, and other platforms to announce the formation of this body with the intention of challenging the legitimacy of Nigeria’s democratically elected government.
The secret police detailed that during the inauguration of this ‘shadow cabinet’, Utomi named individuals to various portfolios, including Dele Farotimi as the Ombudsman and in charge of Good Governance; a policy Delivery Unit team consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga; and a council of economic advisers.
The DSS stated that, “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.”
The secret police further argued that Utomi’s shadow government, if not stopped, could destabilize the country, incite political unrest, and undermine national security by creating chaos.
They claimed that such a structure could cause intergroup tensions and encourage other unlawful or separatist groups to establish similar parallel arrangements, all posing a serious threat to national security.
The DSS asserted that, “The plaintiff, in the discharge of its statutory duties, has gathered intelligence confirming that the defendant’s actions pose a clear and present danger to Nigeria’s constitutional democracy. The defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to sections 1(1), 1 (2), and 14(2Xa) of the 1999 Constitution (as amended), which exclusively vests governance in institutions duly created under the Constitution and through democratic elections. 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. It is in the interest of justice, national security, and the rule of law for this honourable court to declare the existence and operations of the defendant unconstitutional and illegal,” the DSS stated.
The DSS further described the planned shadow government as an aberration and a grave attack on the Constitution and a threat to the current democratically elected government.
Among its prayers, the DSS asked the court to declare the purported “shadow government” or “shadow cabinet” being planned by Utomi and his associates as unconstitutional, arguing that it attempts to create a parallel authority not recognized by the 1999 Constitution.
The DSS also prayed for a declaration that establishing or operating any governmental authority or structure outside the Constitution is unconstitutional, null, and void, citing Sections 1(1), 1(2), and 14(2)(a) of the Constitution.
Additionally, the DSS sought “an order of perpetual injunction restraining the defendant, his agents, and associates from taking any steps towards establishing or operating a ‘shadow government’, ‘shadow cabinet’, or any similar entity not recognised by the Constitution”.
The DSS outlined several grounds for its legal action, emphasizing the supremacy of the Constitution under Section 1(1) and the prohibition of governance outside constitutional provisions under Section 1(2).
They also referred to Section 14(2)(a), which states that sovereignty belongs to the people, from whom the government derives its authority. The DSS argued that Utomi’s proposed shadow government lacks legal legitimacy as it violates these constitutional provisions.
In an affidavit supporting the suit, the DSS described its role as the principal domestic intelligence and security agency mandated to detect and prevent threats to internal security, including subversive activities that could undermine national unity, peace, and constitutional order.
They added that they are empowered to safeguard the nation by preventing threats to the lawful authority of the Federal Republic of Nigeria and its institutions.
The DSS informed the court that Utomi had announced the establishment of a shadow government with a ministerial cabinet.
The court has not yet scheduled a date for the hearing.
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