Justice James Omotosho of the Federal High Court in Abuja has ordered that legal documents be served on Professor Pat Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), in connection with a suit filed by the Department of State Services (DSS).
The suit revolves around Utomi’s alleged intention to establish a “shadow government” in Nigeria.
The DSS, in a motion filed on May 13, contends that Utomi’s planned structure poses a serious threat to the Constitution and national security. It warned that such a parallel authority could incite political unrest, encourage separatist groups, and challenge the legitimacy of the democratically elected government.
Justice Omotosho granted an ex parte application by DSS counsel Akinlolu Kehinde, permitting substituted service of the court documents on Utomi through courier to his Lagos residence. The court adjourned the matter to June 25, by which time Utomi is expected to have responded.
In its filings, the DSS urged the court to declare the proposed “shadow government” unconstitutional, citing Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution. It is also seeking a perpetual injunction restraining Utomi and his associates from proceeding with the formation or operation of any unrecognized governmental structure.
The agency stated in a supporting affidavit that it had gathered intelligence and monitored public statements, social media posts, and interviews in which Utomi reportedly unveiled a “shadow cabinet” with designated “ministers.” It described the body as an unregistered and unconstitutional entity posing as an alternative government.
According to the DSS, Utomi’s public remarks risk misleading the populace, undermining the authority of the elected government, and fostering public disaffection. The agency argued that court intervention is essential to uphold the Constitution and protect national stability.
What you should know
Professor Pat Utomi is facing legal action from the DSS over claims of forming a “shadow government,” which the agency deems a constitutional violation and security threat.
The case is set for hearing on June 25, with Utomi required to respond before then.
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