Shadow Govt: Court Fixes June 25 for Hearing of DSS vs Pat Utomi Case

Justice James Omotosho of the Federal High Court in Abuja has ordered the service of court documents on the 2007 presidential candidate of the African Democratic Congress (ADC), Professor Pat Utomi, in relation to a suit pending over his alleged plan to establish a shadow government in the country.

The Department of State Services (DSS), in the suit, argued that not only is the planned shadow government an aberration, but it also constitutes a grave attack on the Constitution and a threat to the current democratically elected government.

Justice Omotosho granted an ex parte motion argued by the counsel for the DSS, Akinlolu Kehinde, ordering service of court documents on Utomi, listed as the sole defendant, at his Lagos address using courier service.

The judge subsequently adjourned the case to June 25 for hearing, before which Utomi is expected to have filed his defence.

In the suit instituted on May 13, the DSS expressed concern that such a structure, styled as a “shadow government,” if left unchecked, might incite political unrest, cause inter-group tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which pose a grave threat to national security.

The plaintiff wants the court to declare the purported “shadow government” or “shadow cabinet” being planned by Utomi and his associates as “unconstitutional and amounts to an attempt to create a parallel authority not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

The DSS is also seeking a declaration that “under Sections 1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is unconstitutional, null, and void”.

The plaintiff wants the court to issue an order of perpetual injunction, restraining Utomi, his agents and associates “from further taking any steps towards the establishment or operation of a ‘shadow government,’ ‘shadow cabinet’ or any similar entity not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

Among the grounds on which the plaintiff is hinging its prayers is that Section 1(1) of the Constitution declares its supremacy and binding force on all persons and authorities in Nigeria.

It added that Section 1(2) prohibits the governance of Nigeria or any part thereof except in accordance with the provisions of the Constitution.

According to the DSS, Section 14 (2Xa) states that sovereignty belongs to the people of Nigeria, from whom the government, through the Constitution, derives all its powers and authority.It is contending that Utomi’s proposed shadow government lacks constitutional recognition and authority, thereby contravening the aforementioned provisions.

The plaintiff further stated, in a supporting affidavit, that it is the principal domestic intelligence and security agency of the Federal Republic of Nigeria, statutorily mandated to detect and prevent threats to the internal security of Nigeria, including subversive activities capable of undermining national unity, peace, and constitutional order.

The DSS added that it is statutorily empowered to safeguard the internal security of Nigeria and prevent any threats to the lawful authority of the Federal Republic of Nigeria and its constituent institutions.It states that it has monitored, “through intelligence reports and open source material, public statements and interviews granted by the defendant, in which he announced the purported establishment of what he termed a ‘shadow government’ or ‘shadow cabinet’, comprising several persons that make up its ‘minister.’

“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, 1999 (as amended).“

The defendant (Utomi), through public statements, social media, and other platforms, has announced the formation of this body with the intent to challenge the legitimacy of the democratically elected government of Nigeria,” it said.

“Based on the intelligence gathered by the plaintiff, 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.

“It is in the interest of justice, national security, and the rule of law for this honourable court to declare the existence and operations of the defendant unconstitutional and illegal,” it added.