A federal high court in Abuja has fixed June 25 to hear a
suit filed by the Department of State Services (DSS) against Pat Utomi over his
recently launched “ shadow government”.
James Omotosho, presiding judge, fixed the date after
Akinlolu Kehinde, counsel to the DSS, moved a motion ex parte seeking to serve
court documents on Utomi at his Lagos address through courier service.
Kehinde claimed that the secret service has been unable to
send the court documents to Utomi. The judge granted the application.
On May 5, Utomi, a professor of political economy, announced
the formation of a shadow government.
The initiative, launched virtually under the banner of the
Big Tent Coalition Shadow Government, according to Utomi, aims to serve as a
credible opposition to the President Bola Tinubu administration.
In the suit marked FHC/ABJ/CS/937/2025, DSS is praying the
court to declare that the shadow government is in violation of the Nigerian
constitution.
The DSS is contending that the initiative by Utomi was
intended to create chaos and destabilise the country.
The secret police argued that the shadow government may
incite political unrest, cause inter-group tensions, and embolden other
unlawful actors or separatist entities to replicate similar parallel
arrangements, all of which would pose a grave threat to national security.
The DSS urged the court to declare the purported “shadow
government” or “shadow cabinet” as “unconstitutional and amounts to an attempt
to create a parallel authority not recognised by the Constitution of the
Federal Republic of Nigeria, 1999 (as amended)”.
The agency also sought a declaration that “under Sections
1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of
any governmental authority or structure outside the provisions of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended) is
unconstitutional, null, and void.”
The plaintiff prayed the court to issue an order of
perpetual injunction, restraining Utomi, his agents and associates “from
further taking any steps towards the establishment or operation of a ‘shadow
government’, ‘shadow cabinet’ or any similar entity not recognized by the Constitution
of the Federal Republic of Nigeria, 1999 (as amended).”
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