By Kolawole Ojebisi
Justice James Omotosho of the Federal High Court in Abuja has fixed June 25, 2025 to hear a suit filed against the convener of planned Shadow Government, Prof. Pat. Utomi, by the Department of State Services (DSS).
The security agency had, on Wednesday, in the suit marked: FHC/ABJ/CS/937/2025, which has Utomi as the sole defendant, asked the court to restrain the eminent Economist from organising rally or protest in relation to the initiative.
According the agency, Utomi is planning the purported protest to whip up public enthusiasm and support for his initiative.
This new twist to the security agency’s reaction to the controversial initiative comes weeks after it accused Utomi of attempting to illegally usurp the executive powers of President Bola Tinubu.
Speaking on the reason for the fresh application, the agency’s legal team led by Mr. Akinlolu Kehinde, SAN, told the court that it got an intelligence that the defendant, Utomi, who is currently outside the country, has concluded plans to return on June 6 to engage in protests, road shows and media interviews.
According to the legal team, the purported planned activities were aimed to instigate citizens, in furtherance of the defendant’s bid to establish an illegitimate government, an issue that is the subject matter of a suit that is pending before the court.
Consequently, it prayed the court for: “An order of interlocutory injunction, restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him, from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programs, jingles or any other public enlightenment programme (s) aimed at sensitizing, instigating, propagating or in any way promoting the purported ‘shadow government/shadow cabinet’ or its objectives or goals, with the view to establishing the said ‘shadow government’, pending the hearing and determination of the substantive suit.”
According to the Applicant, if not restrained, Utomi’s proposed rallies, road shows and actions, would “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
Stating the premise for its move, the applicant stressed that it is statutorily empowered to safeguard the internal security of the country and prevent threats to lawful authority of the Federal Republic of Nigeria and its constituent institutions.
The DSS further explained to the court that it’s within its purview to forestal any threat to public order, safety and national unity.
According to the agency, Utomi is planning to return to Nigeria “to stage road shows and rallies under the guise of freedom of speech and association, in a bid to cause public discontent in furtherance of his establishment of the purported shadow government/shadow cabinet.”
It added that the shadow government convener has concluded plans “that are capable of drawing a large number of Nigerians with intent that will cause huge disruption of peace, breakdown of public order, enable riots and violent protests just as the recent ‘End SARS’ protests in 2020.”
In an affidavit attached in support of the application, the DSS told the court that: “All the planned protests, riots and agitations that will ensue, if the purported actions of the defendant/respondent are not stayed, may lead to mayhem with a potential for anarchy, toss of lives and property.
“The proposed allies, road shows and actions of the Defendant/Respondent constitutes a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
More so, it told the court that on May 26, during the fourth edition of the Topaz Lecture Series, themed “Shadow Government: A Distraction or Necessity,” hosted by the University of Lagos (UNILAG) Mass Communication Class of 1988 Alumni Association, Utomi, made statements that were capable of undermining the pending suit.
The security agency maintained that in the statements, widely publicised by various national newspapers and on social media platforms, Utomi, defended the creation of the purported shadow government and further stated that if the suit succeeds in favour of the SSS, himself and his group would adopt a different name.
The DSS told the court that the defendant had since been served with a copy of the suit pending against him, through his lawyer, Prof. Mike Ozekhome, SAN.
“The defendant/respondent (Utomi) is aware of the pendency of this action before this Honourable Court as he has been served with the originating process in this suit by courier as ordered by this honourable court.
“Unless this honourable court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court.
“It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application,” the Applicant added.
Speaking with newsmen shortly after the application was filed on Wednesday, counsel to the DSS, Mr. Kehinde, SAN, said his client instituted the action so as to ensure internal peace and to avoid any form of insurrection and treasonable felony against the democratically elected government in the country.
“This fresh application is premised on the fact that despite the pendency of the substantive action, the service of same on the defendant and the entry of appearance to same by his Counsel, Mike Ozekhome, SAN, the defendant has continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilized parties before the court are expected to maintain the status quo pending the determination of the substantive matter.
