DSS drags Pat Utomi to court over plan to form shadow govt

The Department of State Services (DSS) has taken legal action against former presidential candidate, Professor Pat Utomi, over what it describes as an unconstitutional move to establish a “shadow government” aimed at undermining President Bola Tinubu’s administration.

In a suit filed at the Federal High Court in Abuja, with reference number FHC/ABJ/CS/937/2025, the DSS accused Utomi of attempting to illegally usurp executive powers and posing a “clear and present danger” to Nigeria’s constitutional democracy.

Filed by a legal team led by Akinlolu Kehinde (SAN), the suit names Utomi—who ran for president under the African Democratic Congress in 2007—as the sole defendant.

The intelligence agency claims Utomi’s actions violate the 1999 Constitution (as amended) by attempting to run a parallel administration. According to court filings, the DSS contends that the “shadow cabinet” announced by Utomi is not a recognised legal entity under Nigerian law and is, therefore, unconstitutional.

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“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 DSS stated.

According to the agency, Utomi made public statements through social media and other channels announcing the creation of a shadow administration, with named individuals to lead various policy and governance units.

The DSS outlined members of the so-called shadow cabinet as including Dele Farotimi (Ombudsman and Good Governance), and a Policy Delivery Unit comprising Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga, along with a council of economic advisers.

The DSS warned that these activities are capable of undermining public trust in the elected government and could potentially trigger unrest.

“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 suit alleges.

The security agency emphasized that Utomi’s actions could embolden separatist groups or others with subversive intent to create similar structures. It added that past efforts by the Federal Government, including through statements by the Minister of Information, had failed to deter Utomi from the controversial initiative.

“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 stated.

The DSS described the formation of such an entity as “a grave attack on the Constitution,” and asked the court to declare the shadow government illegal, saying it amounted to “an attempt to usurp or mimic executive authority.”

It argued that such an action contravenes Sections 1(1), 1(2), and 14(2)(a) of the Constitution, which vests sovereign power and executive governance in democratically established institutions alone.

The agency is seeking a court declaration that the establishment or operation of any governmental body outside those recognised by the Constitution is “unconstitutional, null, and void.” Additionally, it asked for a perpetual injunction barring Utomi and his associates from proceeding with the shadow government.

In its supporting affidavit, the DSS described itself as the domestic intelligence service constitutionally tasked with detecting and preventing activities that pose threats to Nigeria’s internal security, including subversion and threats to lawful government authority.

The court has yet to fix a date for hearing the suit.

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