DSS Asks Court To Bar Utomi From Shadow Govt Formation

The Department of State Services, DSS, has approached the Federal High Court in Abuja, praying it to restrain a former presidential candidate, Prof. Patrick Utomi, from making public comments or engaging in any form of rally, relating to his announced plan to establish a shadow government in the country.

The security agency had accused Utomi who was the candidate of the African Democratic Congress, ADC, in the 2007 presidential election, of attempting to illegally usurp the executive powers of President Bola Tinubu.

In a fresh application it filed on Wednesday, through its team of lawyers led by Mr. Akinlolu Kehinde, SAN, DSS told the court that it got an intelligence that the defendant, Utomi, who is currently outside the country, has concluded plans to return on June 6 to engage in protests, road shows and media interviews.

It argued that the planned activities were aimed to instigate citizens, in furtherance of the defendant’s bid to establish an illegitimate government, an issue that is the subject matter of a suit that is pending before the court.

Consequently, it prayed the court for: “An order of interlocutory injunction, restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him, from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programs, jingles or any other public enlightenment programme (s) aimed at sensitizing, instigating, propagating or in any way promoting the purported ‘shadow government/shadow cabinet’ or its objectives or goals, with the view to establishing the said ‘shadow government’, pending the hearing and determination of the substantive suit.”

According to the Applicant, if not restrained, Utomi’s proposed rallies, road shows and actions, would “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”

The Applicant identified itself as the agency statutorily empowered to safeguard the internal security of the country and prevent threats to lawful authority of the Federal Republic of Nigeria and its constituent institutions.

It told the court that it was incumbent on it to forstal any threat to public order, safety and national unity.

The agency said it gathered through monitoring and intelligence reports, that Utomi would return to the country “to stage road shows and rallies under the guise of freedom of speech and association, in a bid to cause public discontent in furtherance of his establishment of the purported shadow government/shadow cabinet.”

It told the court that Utomi’s intention is to stage road shows and rallies “that are capable of drawing a large number of Nigerians with intent that will cause huge disruption of peace, breakdown of public order, enable riots and violent protests just as the recent ‘End SARS’ protests in 2020.”

In an affidavit attached in support of the application, the DSS told the court that: “All the planned protests, riots and agitations that will ensue, if the purported actions of the defendant/respondent are not stayed, may lead to mayhem with a potential for anarchy, toss of lives and property.

“The proposed allies, road shows and actions of the Defendant/Respondent constitutes a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”

More so, it told the court that on May 26,  during the fourth edition of the Topaz Lecture Series, themed “Shadow Government: A Distraction or Necessity,” hosted by the University of Lagos (UNILAG) Mass Communication Class of 1988 Alumni Association, Utomi, made statements that were capable of undermining the pending suit.

It added that in the statements, widely publicised by various national newspapers and on social media platforms, Utomi, defended the creation of the purported shadow government and further stated that if the suit succeeds in favour of the SSS, himself and his group would adopt a different name.

It told the court that the defendant had since been served with a copy of the suit pending against him, through his lawyer, Prof. Mike Ozekhome, SAN.

“The defendant/respondent (Utomi) is aware of the pendency of this action before this Honourable Court as he has been served with the originating process in this suit by courier as ordered by this honourable court.

“Unless this honourable court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court.

“It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application,” the Applicant added.

Speaking with newsmen shortly after the application was filed on Wednesday, counsel to the DSS, Mr. Kehinde, SAN, said his client instituted the action so as to ensure internal peace and to avoid any form of insurrection and treasonable felony against the democratically elected government in the country.

“This fresh application is premised on the fact that despite the pendency of the substantive action, the service of same on the defendant and the entry of appearance to same by his Counsel, Mike Ozekhome, SAN, the defendant has continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilized parties before the court are expected to maintain the status quo pending the determination of the substantive matter.

“What our client has submitted to the court is for the interpretation of the Constitution, whether any form of government by whatever nomenclature can be formed or allowed outside the Constitution.

“Furthermore, our client is not interested in arresting anybody in respect of this matter, having on its own accord, submitted itself to the jurisdiction of the honourable court to interpret the Constitution and determine the legality or otherwise of the ‘Shadow government’ or any other nomenclature that it may be so named.

“It must be pointed out that our client under its current leadership is a very civilized organization with absolute confidence in the rule of law and that is why, it or any of its personnel will always approach the court of law whenever it feels that there is any infraction on its statutory duties by anyone or the rights of its personnel,” Kehinde, SAN, added.

Meanwhile, Justice James Omotosho has fixed June 25 to hear the suit marked: FHC/ABJ/CS/937/2025, which has Utomi as the sole defendant.