The Department of State Services (DSS) has filed a lawsuit against former presidential candidate Prof. Pat Utomi, accusing him of attempting to undermine President Bola Tinubu’s authority by setting up an unregistered “shadow government.” The DSS claims Utomi’s actions threaten national security and violate Nigeria’s constitutional order.
In the suit, filed at the Federal High Court in Abuja (case number FHC/ABJ/CS/937/2025), the DSS alleges that Utomi’s formation of a shadow government, which he has publicly announced, challenges the legitimacy of the democratically elected government. The shadow cabinet, which includes several appointed individuals for key roles, is seen by the DSS as an unlawful attempt to usurp executive powers.
The DSS claims that Utomi’s actions, through public statements and social media, are misleading the public and could incite political unrest, weaken public confidence in the government, and threaten national security. The agency argues that such a move creates room for destabilizing forces and could embolden separatist or unlawful groups to establish similar structures.
The lawsuit accuses Utomi’s shadow government of violating sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution, which vests governance solely in institutions created through constitutional means and democratic elections. The DSS is seeking a court ruling to declare the shadow government unconstitutional, null, and void.
Furthermore, the DSS is requesting a perpetual injunction to prevent Utomi and his associates from continuing to pursue this “shadow government,” claiming that such an action goes against the constitutional provisions that establish the legal framework for governance in Nigeria.
The court has yet to set a hearing date for the case.