The Federal High Court in Abuja has fixed June 25, 2025, for the hearing of a suit filed by the Department of State Services (DSS) against Patrick Utomi, a former presidential candidate of the African Democratic Congress.
The suit centers on Utomi’s alleged plans to establish a shadow government in Nigeria, a move the DSS claims is unconstitutional and a threat to the nation’s democratic order.
Justice James Omotosho, presiding over the case, granted an ex parte motion allowing the DSS to serve court documents on Utomi at his Lagos residence via courier. The motion was presented by the DSS’s lead counsel, Akinlolu Kehinde (SAN), who argued that the service was necessary for the case to proceed.
The DSS, in suit FHC/ABJ/CS/937/2025 dated May 13, is seeking a judicial declaration that the formation of a “shadow government” or “shadow cabinet” by Utomi and his associates is unconstitutional. The agency contends that such an initiative constitutes an attempt to create a parallel authority not recognized by the Nigerian Constitution, specifically citing sections 1(1), 1(2), and 14(2)(a), which affirm the supremacy of the Constitution and the exclusive legitimacy of the elected government.
According to the DSS, Utomi’s public announcements and social media posts regarding the shadow government have the potential to mislead the public, erode confidence in the elected administration, and incite unrest. The agency further claims that if left unchecked, such actions could embolden separatist groups or others seeking to undermine national unity.
The DSS is also seeking a perpetual injunction restraining Utomi, his agents, and associates from taking any further steps toward establishing or operating a shadow government or similar entity. The court will consider these requests at the scheduled hearing.
