Court Sets June 25 Hearing for DSS Suit Against Pat Utomi

The Federal High Court in Abuja has set June 25, 2025, as the date for hearing a high-profile case initiated by the Department of State Services (DSS) against Professor Pat Utomi, a respected political economist and former presidential candidate.

The DSS accuses Utomi of attempting to establish a “shadow government” in Nigeria—a move the agency claims poses a serious threat to the nation’s constitutional democracy and national security.

The case, registered as FHC/ABJ/CS/937/2025, has sparked significant public discourse. The DSS alleges that Utomi’s actions violate Nigeria’s 1999 Constitution (as amended) and constitute an unlawful attempt to create a parallel governing structure.

The agency contends that such initiatives are not only unconstitutional but also capable of inciting unrest and undermining the legitimacy of the democratically elected government.

During the most recent court session, Justice James Omotosho granted the DSS’s application for substituted service of court documents after it failed to personally serve Professor Utomi.

The agency, represented by Senior Advocate of Nigeria Akinlolu Kehinde, requested permission to deliver legal documents to Utomi’s residence in Lagos via courier service. The court approved this request and adjourned the matter to June 25 for substantive proceedings.

In its originating summons dated May 13, the DSS asked the court to declare the concept and operation of a shadow government by Utomi unconstitutional, illegal, and a threat to Nigeria’s democratic framework.

The DSS further alleged that the proposed “shadow cabinet” seeks to replicate the authority of a legitimately elected executive, thereby contravening Sections 1(1), 1(2), and 14(2)(a) of the Constitution, which entrust governance solely to institutions established by law and democratic processes.

According to DSS filings, Utomi has publicly promoted the shadow government through media appearances and social media platforms, framing it as an alternative to the current administration.

The agency asserts that these actions are designed to undermine public confidence in the government, foster division, and possibly inspire similar movements by separatist or non-state actors.

The DSS maintains that its intelligence-gathering efforts confirm that Utomi’s actions, including the appointment of individuals to various shadow positions, aim to mimic and usurp constitutional executive powers. The agency warns that such moves could provoke political instability, inflame ethnic tensions, and threaten national unity.

In addition to seeking a declaration that the shadow government is illegal, the DSS is requesting a perpetual injunction to bar Utomi and his associates from continuing any such efforts to establish or operate a parallel governance structure in Nigeria.

The DSS also revealed that the federal government had previously attempted to engage Utomi in dialogue, including through public statements by the Minister of Information, but claims the professor has refused to abandon his initiative.

Emphasizing its statutory role in safeguarding national security and preventing subversive activities, the DSS urged the court to rule in favor of its application to protect the rule of law and the stability of the country.