ABUJA, Nigeria — The Department of State Services (DSS) has filed a legal suit against Professor Pat Utomi, a political economist and prominent opposition figure, over his recent inauguration of a “shadow government” initiative, which the agency claims poses a threat to Nigeria’s national security and constitutional order.
The suit, marked FHC/ABJ/CS/937/2025, was lodged at the Federal High Court in Abuja by a legal team led by Senior Advocate of Nigeria (SAN), Akinlolu Kehinde.
The DSS is seeking a declaration that the shadow cabinet launched by Utomi is illegal, unconstitutional, and a subversion of the country’s democratic framework.
Utomi, who is the sole defendant in the case, had on Monday, May 5, 2025, unveiled the Big Tent Coalition Shadow Government, a virtual opposition platform designed to mirror the existing federal executive structure.
According to Utomi, the initiative was intended as a “national response emergency” to provide credible policy alternatives and hold the Bola Tinubu administration accountable.
Among its named members are human rights lawyer Dele Farotimi, who heads the Ombudsman and Good Governance portfolio, and a team of policy advisers including Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga.
However, the DSS contends that such a structure is not recognised by Nigeria’s 1999 Constitution (as amended), and alleges that it could encourage parallel authorities, incite unrest, and erode confidence in the country’s democratic institutions.
“The ‘shadow government’ or ‘shadow cabinet’ is an unregistered and unrecognised body claiming to operate as an alternative government, contrary to the provision of the Constitution of the Federal Republic of Nigeria,” the suit states.
According to the DSS, the move by Utomi amounts to an attempt to “usurp or mimic executive authority” in violation of Sections 1(1), 1(2), and 14(2)(a) of the Constitution, which vest political power solely in structures established through democratic elections.
The DSS is asking the court for:
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A declaration that the formation and operation of a shadow government or cabinet outside constitutional provisions is “unconstitutional, null, and void”.
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A perpetual injunction restraining Utomi, his agents or associates, from further pursuing or promoting any such alternative governance structure.
The suit further alleges that “the defendant’s actions are capable of misleading segments of the Nigerian public, weakening confidence in the legitimacy of the elected government, and fuelling public disaffection.”
The security agency noted that efforts had been made by the federal government to dissuade Utomi from proceeding with the initiative, including warnings issued by the Minister of Information.
However, it said the professor had “remained defiant.”
The case raises fresh debate over the scope of lawful political opposition in Nigeria and the interpretation of constitutional boundaries in democratic expression.
While shadow governments are a recognised feature in parliamentary systems, their application within Nigeria’s presidential framework remains legally untested.
As of press time, Utomi has not issued a public response to the legal action.
The Federal High Court has yet to assign a date for the first hearing.
