The Department of State Services (DSS) has dragged renowned political economist and former presidential candidate, Professor Pat Utomi, to the Federal High Court in Abuja for allegedly setting up what the agency calls a “shadow government”, an act it claims threatens the authority of the current administration.
Utomi, who ran under the African Democratic Congress (ADC) in the 2007 elections, is now facing a legal battle over his attempt to establish a parallel political structure. According to court filings with suit number FHC/ABJ/CS/937/2025, the DSS accuses him of seeking to “illegally usurp the executive powers of Tinubu.”
The agency argue that the move amounts to subversion and could destabilize the nation by undermining constitutional governance. The DSS maintains that forming an unofficial governing body constitutes a “grave attack” on the Nigerian constitution and could inspire unrest or even separatist actions.
The legal challenge, spearheaded by a legal team led by Senior Advocate of Nigeria (SAN) Akinlolu Kehinde, seeks a declaration that the shadow cabinet being promoted by Utomi is unlawful, unconstitutional, and void under Nigeria’s 1999 Constitution. Specifically, the DSS is urging the court to bar Utomi and his allies from pushing forward with the formation or operation of any structure resembling a government outside constitutional frameworks. It insists that only democratically established institutions have a right to governance under Nigerian law.
Quoting sections 1(1), 1(2), and 14(2)(a) of the Constitution, the DSS emphasized that all authority must originate from the Constitution and the people, not from independent actors or unrecognized entities.
In its affidavit, the DSS described itself as the primary intelligence body responsible for identifying and neutralizing internal threats, asserting that the activities of Utomi’s camp are both provocative and dangerous. “The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognized body claiming to operate as an alternative government, contrary to the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the court document reads.
According to the DSS, Utomi has publicly announced the names of individuals appointed into various portfolios, including Dele Farotimi as the Ombudsman overseeing Good Governance. Others named in the policy unit include Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga, all of whom are said to form part of his advisory and ministerial body.
The DSS warned that these activities could mislead the public, erode trust in electoral systems, and stir political agitation. “The defendant, through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria,” the security agency claimed.
Despite efforts, allegedly including statements from the Information Minister, to dissuade Utomi, the DSS insists he has remained unyielding in pushing forward with what it sees as a rebellion against constitutional authority. “It is in the interest of justice, national security, and the rule of law for this honourable court to declare the existence and operations of the defendant unconstitutional and illegal,” the DSS stated in its suit.
No hearing date has been fixed for the case yet.
