By Ali Elias
The Department of State Services (DSS) has filed a lawsuit against former presidential candidate Professor Pat Utomi, accusing him of attempting to establish a parallel government to the administration of President Bola Tinubu.
Filed at the Federal High Court in Abuja under suit number FHC/ABJ/CS/937/2025, the DSS claims that Utomi’s “shadow government” initiative is an illegal attempt to usurp executive powers and destabilize the country.
Utomi, who ran on the platform of the African Democratic Congress (ADC) in 2007, is the sole defendant in the case. The DSS, represented by a legal team led by Akinlolu Kehinde (SAN), is seeking a declaration that the creation of any form of alternative government or cabinet outside constitutional frameworks is unconstitutional, null, and void.
The agency said in court filings that Utomi’s shadow cabinet includes individuals assigned roles such as Ombudsman, economic advisers, and members of a policy delivery unit. It argued that such a structure—unregistered and unrecognized by law—could mislead the public, weaken confidence in Nigeria’s elected government, and spark political unrest.
“The activities and statements made by the defendant and his associates are capable of misleading segments of the Nigerian public, weakening confidence in the legitimacy of the elected government, and fuelling public disaffection,” the DSS said in its affidavit.
The DSS urged the court to issue a perpetual injunction restraining Utomi and his associates from taking any further steps toward forming or operating the shadow cabinet. It warned that failing to act could embolden separatist or unlawful groups to create similar parallel structures, posing a threat to national unity and internal security.
According to the DSS, the Federal Government had made several efforts, including appeals by the Minister of Information, to dissuade Utomi from proceeding, but he allegedly refused to heed those warnings.
No date has been fixed for the hearing of the suit.
What Is a Shadow Government?
A shadow government, commonly used in parliamentary systems, is an alternative cabinet formed by the opposition to monitor and critique the sitting government. While legitimate in certain democracies like the UK or Canada—where they function within the law and official opposition structure—they are not recognized in presidential systems like Nigeria’s. In this context, establishing an unofficial shadow cabinet can be interpreted as attempting to undermine constitutional authority, particularly when it lacks electoral or legislative legitimacy.