Justice James Omotosho of the Federal High Court in Abuja has directed that court documents be delivered to Professor Pat Utomi, the African Democratic Congress (ADC) presidential candidate in the 2007 elections yesterday (21st of May 2025), over a lawsuit concerning his alleged attempt to establish a shadow Government in Nigeria.
The agency that brought the suit, the Department of State Services (DSS) argued that the proposed shadow Government not only violates constitutional norms but also represents a serious threat to the nation’s democratic institutions.
Justice Omotosho, ruling on an ex parte application presented by DSS counsel, Akinlolu Kehinde, authorized that the Court documents be served on the defendant, Utomi, at his residence in Lagos via courier delivery.
The matter has been scheduled for hearing on June 25, by which Utomi is expected to have already submitted his response.
Filed on May 13, the DSS’s suit claims that the idea of a “shadow Government” could destabilize the political environment, heighten group-based tensions, and encourage other unlawful or separatist efforts to establish similar parallel structures—all posing significant risks to Nigeria’s national security.
The DSS is asking the Court to rule that the alleged creation of a shadow Government or cabinet by Utomi and his collaborators is unconstitutional and amounts to an attempt to form a parallel governing authority not authorized by the Nigerian Constitution of 1999 (as amended).
Additionally, the DSS is requesting that the Court affirm that, under Sections 1(1), 1(2), and 14(2)(a) of the Constitution, the establishment of any Government-like body not provided for within the Constitution is illegal, void, and without legal basis.
The agency is also pursuing a permanent injunction to prevent Utomi and anyone working with him from taking any further action toward setting up or running a “shadow Government,” “shadow cabinet,” or any other unauthorized body that attempts to mimic governmental authority.
The DSS supports its position by referencing Section 1(1) of the Constitution, which asserts that the Constitution is the highest law of the land and binding on all individuals and authorities in Nigeria. Section 1(2) reinforces that no part of Nigeria may be governed outside the framework of the Constitution.
Section 14(2)(a) is also cited, emphasizing that all sovereign power belongs to the people of Nigeria, from whom Government authority is derived, solely through constitutional means.
The DSS contends that Utomi’s shadow Government has no lawful or constitutional foundation, making it incompatible with these constitutional provisions.
According to a sworn affidavit, the DSS has the legal responsibility to identify and counter threats to national stability, including actions that might undermine the country’s unity and constitutional Governance.
The agency stated that it has gathered intelligence, both from surveillance and open sources, showing that Utomi has publicly discussed and promoted the establishment of what he refers to as a “shadow Government” or “shadow cabinet,” complete with individuals assigned roles similar to ministers.
The DSS describes this group as an unofficial and unregistered entity presenting itself as a parallel Government, which it argues violates the Nigerian Constitution.
It further alleges that Utomi has used social media, public forums, and media interviews to promote the body’s formation with the apparent intention of challenging the legitimacy of Nigeria’s elected administration.
The DSS warned that Utomi’s actions could mislead the public, erode trust in the legitimate Government, and increase public dissatisfaction, all of which could destabilize the nation.
Therefore, the DSS is urging the Court to rule that the formation and activities of this entity are illegal and unconstitutional, in the interest of protecting national security and upholding the rule of Law.
