Shadow govt: Court to rule Monday on DSS’ suit against Utomi

A Federal High Court in Abuja will on Monday, September 29, deliver judgment in the suit filed by the Department of State Services (DSS) against Prof. Pat Utomi over his alleged plan to establish a “shadow government” in Nigeria.

The suit, marked FHC/ABJ/CS/937/2025, was instituted by the DSS, which argued that Utomi’s initiative was unconstitutional and posed a threat to national security. The security agency urged the court to declare the move illegal, describing it as a parallel authority not recognised by the 1999 Constitution (as amended).

The DSS contended that the proposed shadow structure, if allowed, could incite unrest, embolden separatist groups, and destabilise the country’s democratic system. It therefore sought a perpetual injunction restraining Utomi, his agents and associates from pursuing the project.

In his final address on July 10, DSS counsel, Akinlolu Kehinde (SAN), maintained that Utomi lacked constitutional authority to establish any such government, likening the plan to early warning signs of insurgent groups. “We know how Boko Haram started, and even IPOB. We must not wait for crisis to happen before we act,” he argued.

But Utomi’s lawyer, Mike Ozekhome (SAN), countered that the initiative was not a parallel authority but a civic platform designed to scrutinise government policies and proffer solutions. He insisted that branding it as subversive amounted to gagging Nigerians. “They are trying to chain Nigerians with shackles stronger than those that dehumanised slaves over 500 years ago,” Ozekhome told the court.

He argued that the group neither has an executive, legislature nor judiciary, but is a coalition of like-minded citizens. He urged the court to dismiss the suit as an attempt to criminalise dissent.

Opinions were also taken from seven amici curiae (friends of the court). While Joseph Daudu (SAN) described the nomenclature of “shadow government” as dangerous and unconstitutional, Joe Gadzama (SAN) warned that granting the DSS’ request could stifle free expression, noting that no evidence had been presented to show the group sought to take control of government.

Justice James Omotosho reserved judgment on July 10 after hearing the arguments and receiving the amici’s submissions.

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