DSS Asks Court to Bar Pat Utomi, Associates from Organizing Shadow Government Rallies
The Department of State Services (DSS) has filed a fresh motion at the Federal High Court in Abuja seeking to stop Professor Pat Utomi from organizing rallies or making public comments related to a pending case against him.
Filed through its lawyer, Akinlolu Kehinde, SAN, the DSS requested that Justice James Omotosho issue an interlocutory injunction against Utomi and his associates. The agency wants them barred from holding events or making statements concerning Utomi’s controversial proposal to form a “shadow government.”
The DSS had previously taken legal action against Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), alleging that his plan to create a shadow cabinet undermines the Nigerian constitution. That case is set for hearing on June 25.
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In the new application, the DSS cited intelligence suggesting that Utomi, currently abroad, plans to return on June 6 and immediately launch protests, road shows, media appearances, and other public activities.
The security agency argued that such actions pose a “serious threat to public order, safety, and national unity.” It claimed Utomi’s public remarks and social media posts have attempted to influence the outcome of the case, despite being aware it is before the court.
According to a supporting affidavit, the DSS believes these rallies could spiral into civil unrest, comparable to the 2020 #EndSARS protests, potentially resulting in chaos, loss of lives, and property damage.
The DSS pointed to Utomi’s remarks at a May 26 lecture at the University of Lagos, where he defended the shadow government idea. He allegedly stated that if the court rules against him, he and his group would simply adopt a new name for their efforts.
The agency added that Utomi has already been served the court documents and is officially represented by senior lawyer Prof. Mike Ozekhome, SAN.
The DSS warned that unless the court acts swiftly, Utomi’s plans may preempt the judicial process and create an irreversible situation.
Speaking after filing the motion, DSS counsel Kehinde emphasized that the agency is committed to constitutional order and internal peace. He clarified that the DSS is not aiming to arrest anyone but wants the court to determine whether forming a government outside Nigeria’s constitutional framework is lawful.
“Our client is not seeking arrests. It has submitted to the court’s jurisdiction to interpret the constitution regarding whether such shadow governments are permissible,” he said.
Kehinde added that the DSS, under its current leadership, respects the rule of law and will always use legal channels to address concerns related to national security.
“Everyone must work together to uphold democracy and the rule of law in Nigeria,” he concluded.
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