COURT ORDERS SERVICE OF DOCUMENTS ON PAT UTOMI OVER ALLEGED “SHADOW GOVERNMENT” PLAN
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By Aishat Momoh. O.
Justice James Omotosho of the Federal High Court in Abuja has ordered that court documents be served to Professor Pat Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), in connection with a lawsuit filed by the Department of State Services (DSS) regarding his alleged plan to establish a shadow government.
In an ex parte motion granted by Justice Omotosho, the DSS raised concerns that the planned shadow government could pose a serious threat to Nigeria’s democratic system and national security. The DSS argues that the shadow government, if allowed to continue, could incite political unrest, fuel inter-group tensions, and potentially embolden other unlawful entities or separatists to create parallel governmental structures.
The court ordered that documents be served on Utomi at his Lagos address using a courier service. The case has been adjourned to June 25, 2025, for hearing, by which time Utomi is expected to file his defense.
In the suit, the DSS is seeking a court declaration that Utomi’s proposed shadow government, or “shadow cabinet,” is unconstitutional. The DSS maintains that the creation of such a structure, not recognized by Nigeria’s Constitution, is an attempt to establish a parallel government, which would be unlawful under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The DSS has requested that the court issue a perpetual injunction to restrain Utomi and his associates from proceeding with the establishment or operation of the shadow government, arguing that it violates the Constitution’s supremacy clauses.
The intelligence agency, tasked with safeguarding Nigeria’s internal security, contends that Utomi’s public statements and actions in promoting the shadow government have the potential to undermine public trust in the legitimately elected government. It further argues that these actions could fuel public disaffection, especially when propagated through social media and other public platforms.
In its affidavit, the DSS emphasized that it is mandated to detect and prevent threats to national unity and peace, and it is concerned that Utomi’s activities are subversive and could destabilize the country’s constitutional order.
As the case progresses, the public and legal observers are keenly watching the developments surrounding Utomi’s controversial proposal and the potential legal ramifications for the creation of parallel political structures outside the recognized democratic framework.
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