In Abuja, the Federal High Court has been asked to block Professor Pat Utomi from proceeding with his plan to set up a so-called “shadow government,” following a lawsuit filed by the Department of State Services (DSS). The security agency argues that the move threatens the constitutional order, amounts to an attempted usurpation of executive authority, and poses risks to national security.
The suit, filed under case number FHC/ABJ/CS/937/2025, names Utomi as the sole defendant, and seeks declarations that the establishment of the shadow cabinet is unconstitutional, null, and void. DSS lawyers argue that Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution (as amended) make clear that only structures mandated by the Constitution are legitimate; parallel entities without constitutional recognition are illegal.
Utomi, a professor of political economy and former presidential candidate, had launched the Big Tent Coalition Shadow Government on May 5, describing it as a “national emergency response” to the current administration. He said the body would serve as a credible opposition to President Bola Tinubu’s government, and unveiled a roster of professionals in roles such as Ombudsman and Good Governance, policy delivery, and economic advisory.
DSS’s legal arguments assert that the shadow government could mislead portions of the public, weaken confidence in the elected government, and possibly spark unrest or parallel movements that emulate such structures outside constitutional oversight. The agency has sought a perpetual injunction to restrain Utomi, his associates, and anyone acting through him from establishing or operating the shadow government or any similar entity.
Further, DSS has pursued interim measures: an interlocutory injunction to bar Utomi from staging rallies, road shows, or any public gathering, media engagements, or publications that promote, propagate or sensitise the public about the shadow government, at least until the main suit is determined. The agency argues that such activities have the potential to destabilise public order and national unity.
In response, Utomi has filed a preliminary objection, arguing that the case is speculative and premature. He contends that the DSS lacks jurisdiction over the matter, that public policy discourse, political engagement, and the freedom of expression are constitutionally protected rights. He argues that the “shadow cabinet” initiative falls within those rights and should not be curtailed.
Justice James Omotosho has been assigned to preside over the matter. He has cautioned all parties not to take actions that would make the suit “nugatory,” or render its outcome meaningless. The court has scheduled the substantive hearing for July 10, with the preliminary objection and originating summons to be heard together. Amicus curiae (friends of the court) from the six geopolitical zones, including renowned legal experts, have been invited to provide inputs, given the national importance of the issue.
