The Department of State Services (DSS) has dragged Professor Patrick Utomi to a Federal High Court in Abuja over his unlawful formation of a shadow government in the country, capable of constituting a grave attack on the constitution and a threat to the democratically elected government.
The suit FHC/ABJ/CS/937/2025, filed on May 13 seeks an order of perpetual injunction, restraining Utomi, his agents and associates from further taking any steps towards the establishment or operation of a shadow government, shadow cabinet or any similar entity not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
DSS, which predicated the legal action because the constitution was supreme and binding on all persons and authorities in Nigeria, stated that Section 1(2) of the 1999 Constitution prohibited the governance of Nigeria or any part thereof except by its provisions.
The plaintiff claimed that Utomi’s proposed shadow government lacked constitutional recognition and authority, thereby contravening the provisions above, with the intent to create chaos and destabilize the country.
In an affidavit in support of the suit, the Secret Service reaffirmed that it's the principal domestic intelligence and security agency of the Federal Republic of Nigeria, statutorily mandated to detect and prevent threats to the internal security of Nigeria, including subversive activities capable of undermining national unity, peace, and constitutional order.
The plaintiff claimed to have monitored, through intelligence reports and open source material, public statements and interviews granted by the defendant, Prof. Patrick Utomi, in which he announced the purported establishment of what he termed a ‘shadow government’ or ‘shadow cabinet’ comprising of several persons that make up its ‘Minister’.
“The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognized body claiming to operate as an alternative government contrary to the constitution.”
“The defendant (Utomi), through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria.
“While inaugurating the ‘shadow cabinet’, the defendant stated that it is made up of the Ombudsman and Good Governance portfolio to be manned by Dele Farotimi; the Policy Delivery Unit Team consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga; and the council of economic advisers.”
“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 plaintiff, in the suit, added that Utomi’s actions amounted 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 plaintiff further stated that the federal government had 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 had remained defiant.
The agency said it would be in the interest of justice, national security, and the rule of law for the court to declare the operations unconstitutional and illegal.
It urged the court to declare the purported “shadow government” or “shadow cabinet” being planned by Utomi and his associates as “unconstitutional and amounts to an attempt to create a parallel authority not recognized by the constitution”.
Other reliefs sought included a declaration that “under Sections 1(1), 1(2) and 14(2)(a) of the constitution, the establishment or operation of any governmental authority or structure outside the provisions of the constitution is unconstitutional, null, and void.”