Nigeria’s secret police, formally known as the Department of State Services (DSS) has filed a lawsuit against Professor Pat Utomi, a political-economic critic and former presidential candidate, accusing him of attempting to establish an unconstitutional shadow government to rival President Bola Tinubu’s administration.
The case, marked FHC/ABJ/CS/937/2025, was lodged at the Federal High Court in Abuja.
In the suit filed on May 13 by Akinlolu Kehinde, Senior Advocate of Nigeria, the DSS alleged that Utomi’s plan was designed to incite chaos and destabilise the country.
According to court documents, the DSS alleged that Utomi’s plan to form a “Big Tent Coalition Shadow Government” threatens Nigeria’s constitutional order.
The agency also claimed that Utomi’s public statements and actions, including the announcement of a shadow government with appointed “ministers,” constitute an attempt to create a parallel authority, which could incite political unrest and embolden separatist movements.
In the lawsuit, the DSS said it is seeking a court declaration to deem the shadow government unconstitutional and a perpetual injunction to stop Utomi and his associates from proceeding with the initiative.
Citing Sections 1(1), 1(2), and 14(2)(a) of the Constitution, the agency sought a judicial declaration affirming that the creation or operation of any governmental body outside the framework of the Constitution is null and void.
In its statement of claim, the DSS anchored its prayers on several constitutional provisions, arguing that Prof. Pat Utomi’s actions violate the supreme law of the land. Citing Section 1(1) of the 1999 Constitution (as amended), the agency emphasised that the Constitution holds supremacy and is binding on all persons and authorities in Nigeria.
It also referenced Section 1(2), which prohibits governance in any part of Nigeria except by constitutional provisions.
According to the DSS, Section 14(2)(a) further reinforces that sovereignty belongs to the Nigerian people, from whom the government derives its authority solely through the Constitution.
The agency contended that Utomi’s proposed shadow government has no constitutional basis or legal authority, thereby breaching these provisions.
In a supporting affidavit, the DSS identified itself as Nigeria’s principal domestic intelligence and security agency, statutorily mandated to detect and prevent threats to internal security, including subversive acts that may undermine national unity, peace, and constitutional order.
The agency reiterated its role in safeguarding the integrity of Nigeria’s lawful institutions.
As of the time of filing, the case has yet to be assigned to a judge.
Utomi, a renowned political economist, had launched the “Big Tent Coalition Shadow Government,” a coalition comprising members from various opposition groups and civil societies.
According to Utomi, the shadow government is designed to serve as a credible opposition force, spotlighting the perceived failures of the Tinubu administration while proposing alternative governance strategies.
Utomi justified the initiative, citing what he called policy missteps that have exacerbated poverty, driven multinational companies out of Nigeria, and worsened insecurity, particularly in Benue and Plateau states.
