The Department of State Services (DSS) has filed a lawsuit against Professor Patrick Okedinachi Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), over his declared intention to establish a shadow government in Nigeria.
In a suit filed before the Federal High Court in Abuja, marked FHC/ABJ/CS/937/2025, the DSS contends that Utomi’s proposed “shadow cabinet” is unconstitutional and poses a direct threat to the country’s stability and existing democratic institutions. Utomi is the sole defendant in the case.
Represented by a team of lawyers led by Akinlolu Kehinde, the DSS argues that the creation of an unofficial government structure amounts to an “aberration” and a “grave attack” on Nigeria’s Constitution. The security agency fears the move could incite political unrest, deepen intergroup tensions, and embolden separatist movements.
According to the suit, the DSS is seeking a declaration that any attempt by Utomi or his associates to form or operate a shadow government is unconstitutional and amounts to creating a parallel authority not recognized under the 1999 Constitution (as amended).
The agency further seeks a perpetual injunction to restrain Utomi and his affiliates from taking any further steps toward forming such a government, which it described as “an unregistered and unrecognized body claiming to operate as an alternative government.”
Citing Sections 1(1), 1(2), and 14(2)(a) of the Constitution, the DSS emphasized the supremacy of the Constitution and argued that all forms of governance must operate strictly within its provisions. It asserted that sovereignty belongs to the people and can only be exercised through the framework of the Constitution.
The DSS disclosed that it has monitored Utomi’s activities through intelligence reports and public statements, in which he announced the establishment of the shadow cabinet and unveiled individuals allegedly designated as “ministers” within the structure.
As of the time of reporting, the suit filed on May 13 has not yet been assigned to a judge for hearing.
Professor Utomi, a political economist and prominent public commentator, has not publicly responded to the legal action. However, his shadow government initiative, which he described in past media appearances as a mechanism to hold the current administration accountable, continues to draw mixed reactions across the political spectrum.
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