The Department of State Services (DSS) has filed a new application at the Federal High Court in Abuja, seeking to restrain former presidential candidate Patrick Utomi from making public statements or organizing rallies linked to his proposed shadow government in Nigeria.
In the application submitted on Wednesday, the DSS, through its lead counsel Akinlolu Kehinde, SAN, accused Utomi of attempting to undermine the constitutional authority of President Bola Tinubu. The agency described Utomi’s actions as “unlawful and subversive,” allegedly masked as civic engagement.
According to intelligence reports cited by the DSS, Utomi, who is currently abroad, plans to return to Nigeria on June 6 and is reportedly scheduled to launch a series of protests, media appearances, and public awareness campaigns promoting the shadow government initiative.
The DSS warned that such activities could incite civil unrest and pose a serious threat to national stability, urging the court to intervene preemptively to prevent potential disruptions.
The security agency has asked the court to issue an interlocutory injunction preventing Utomi, his associates, or any representatives from conducting rallies, public lectures, media campaigns, or any form of gathering that would advance the shadow government agenda pending the determination of a substantive suit already before the court.
In its affidavit, the DSS asserted that the planned activities, while cloaked in the language of free speech and assembly, were designed to undermine national security and disrupt public order.
It likened the potential fallout to the 2020 #EndSARS protests, suggesting that Utomi’s actions could lead to widespread riots and endanger lives and property.
The agency also referenced remarks made by Utomi during a lecture at the University of Lagos on May 26, where he reportedly defended the shadow government initiative and suggested that it could be renamed if the DSS wins its legal challenge.
The comments, the DSS said, were not only inflammatory but also a direct challenge to the authority of the court.
The DSS further informed the court that Utomi had been served with court papers through his counsel, Mike Ozekhome, and accused him of ignoring the legal process by continuing to make provocative public statements.
Speaking to reporters, Kehinde said the DSS applied to safeguard Nigeria’s internal peace and prevent what it considers a dangerous drift toward insurrection or treasonable activity.
He emphasized that the DSS is not seeking to arrest anyone but has chosen to rely on legal channels to resolve what it views as a constitutional matter.
“Our client is not acting out of personal interest or political bias. It is simply asking the court to interpret whether any entity can set up a government, by any name, outside of the provisions of the Nigerian Constitution, Kehinde said.
He described the DSS as a “civilized” and “law-abiding” institution that respects judicial authority and will continue to operate within the bounds of the law.
Justice James Omotosho has fixed June 25 for the hearing of the substantive suit, which is marked FHC/ABJ/CS/937/2025 and lists Utomi as the sole defendant.