The Federal High Court in Abuja has slated June 25, 2025, for the hearing of a case filed by the Department of State Services (DSS) against Professor Pat Utomi over his reported plan to set up a “shadow government” in Nigeria.
Justice James Omotosho fixed the date following an application by the DSS to serve court processes on Utomi via courier to his residence in Lagos, citing challenges in delivering the documents to him personally.
In its ex parte motion, the DSS asked for substituted service after being unable to reach the defendant directly. The court granted the request and scheduled the matter for a substantive hearing.
According to documents marked FHC/ABJ/CS/937/2025, the DSS wants the court to rule that the proposed shadow cabinet is unconstitutional, arguing that it poses a danger to the country’s democratic structures.
The agency stated in its court filings, “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).”
It further added, “The defendant (Utomi), 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 DSS alleged that the creation of such a parallel authority was not only unconstitutional but could also undermine national unity, fuel discontent, and open the door for other unlawful formations to take root.
According to the agency, intelligence reports link Utomi’s proposed alternative structure with potential unrest, a weakening of public confidence in democratic institutions, and encouragement to separatist ambitions across the country. “The defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended), which exclusively vests governance in institutions duly created under the constitution and through democratic elections,” the court filing stated.
The DSS has asked for a perpetual injunction restraining Utomi and his allies from making further moves to implement or operate any shadow cabinet. It also requested the court to formally declare such an initiative null and void.
The security agency said efforts had been made by the federal government to dissuade Utomi from pushing ahead with the idea, including public warnings by the minister of information, but that Utomi had refused to back down. “The Federal Government of Nigeria has made several efforts to engage the defendant to dissuade him from this unconstitutional path, including statements made by the Minister of Information, but the defendant has remained defiant,” the DSS noted.
It concluded that stopping Utomi’s plans would protect Nigeria’s peace and constitutional order, stressing, “It would be in the interest of justice, national security, and the rule of law for the court to declare the existence and operations of the defendant unconstitutional and illegal.”
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