DSS dragged Pat Utomi to court on plans to form shadow govt

The State Service Department (DSS) has taken legal action against former presidential candidate, Professor Pat Utomi, for what is described as an unconstitutional step to build a “shadow government” aimed at damaging the administration of President Tinubu.

In a lawsuit filed at the Federal High Court in Abuja, with a reference number FHC/ABJ/CS/937/2025, DSS accused Utomi of trying to seize executive power illegally and cause “clear and present dangers” to Nigerian constitutional democracy.

Submitted by a legal team led by Akinlolu Keminde (San), the suit said Utomi – who was running for president under the African Democratic Congress in 2007 – as the only defendant.

The Intelligence Agency claims Utomi’s actions violate the 1999 constitution (as amended) by trying to carry out parallel administration. According to the court submission, DSS argues that the “shadow cabinet” announced by Utomi is not a legal entity recognized based on Nigerian law and, therefore, is not constitutional.

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“The plaintiff, in carrying out his legal duties, has gathered intelligence confirmed that the defendant’s actions raised a clear danger and were present for Nigeria’s constitutional democracy,” DSS said.

According to the agency, Utomi made a public statement through social media and other channels that announced the creation of shadow administration, with the individuals mentioned to lead various policy and governance units.

DSS outlines members of the so -called shadow cabinet as Dele Farotimi (Ombudsman and Good Governance), and policy delivery units consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obijaga, along with the Economic Council.

DSS warns that these activities are able to damage public trust in the elected government and have the potential to trigger riots.

“Based on intelligence collected by the Plaintiff, activities and statements made by the defendant and his colleagues are able to mislead the Nigerian public segment, weaken trust in the legitimacy of elected government, and trigger public dissatisfaction,” the lawsuit demands.

The security agency emphasizes that Utomi’s actions can vent separatist or other people with subversive intentions to create the same structure. He added that past efforts by the federal government, including through a statement by the Minister of Information, had failed to prevent Utomi from controversial initiatives.

“The Federal Nigerian government has made several efforts to involve the defendant from preventing it from this non -constitutional path, including a statement made by the Minister of Information, but the defendant remains challenging,” he said.

DSS describes the formation of such an entity as a “great attack on the constitution,” and asking the court to declare the shadow of an illegal government, saying it is the same as “efforts to seize or imitate the executive authority.”

He argues that such actions violate parts 1 (1), 1 (2), and 14 (2) (a) of the constitution, which provide sovereignty power and executive government in institutions that are established democratically.

The agency sought a court declaration that the establishment or operation of an outside government agency that was recognized by the constitution was “not constitutional, null and void.” In addition, he asked for Abadi’s order to ban Utomi and his colleagues to continue with the shadow government.

In a written statement of supporters, DSS described itself as a domestic intelligence service which was constitutionally assigned to detect and prevent activities that cause threats to Nigerian internal security, including subversion and threats to legal government authority.

The court has not improved the date to hear the lawsuit.

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