a “shadow government” in Nigeria.
In a suit filed at the Federal High Court in Abuja, the DSS asked the court to declare Utomi’s move as an attack on the constitution. According to the filing, marked FHC/ABJ/CS/937/2025, Utomi, who was the 2007 Presidential Candidate of the African Democratic Congress (ADC), is the sole defendant.
The DSS, represented by Akinlolu Kehinde, SAN, argued that the proposed shadow government aims to create chaos and destabilize the nation. It described the structure as a “grave attack” on the constitution and a threat to the democratically elected government.
The agency expressed concerns that if Utomi’s shadow government is left unchecked, it could incite political unrest, fuel inter-group tensions, and encourage other unlawful or separatist entities to establish parallel authorities, endangering national security.
The DSS, therefore, urged the court to declare the proposed “shadow government” unconstitutional, asserting that it amounts to an attempt to create a parallel authority not recognized by the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Additionally, the security agency sought a court declaration that under Sections 1(1), 1(2), and 14(2)(a) of the Constitution, any governmental authority or structure outside constitutional provisions is null and void.
The DSS also requested a perpetual injunction restraining Utomi, his agents, and associates from further attempts to establish or operate any form of “shadow government” or similar entity.
In its grounds of argument, the DSS cited Section 1(1) of the Constitution, which upholds its supremacy over all persons and authorities, and Section 1(2), which prohibits the governance of Nigeria outside its provisions. It also referenced Section 14(2)(a), which states that sovereignty belongs to the people of Nigeria, and government power derives from the constitution.
The DSS further disclosed in a supporting affidavit that it is mandated to prevent internal security threats, including subversive activities that could undermine national unity and constitutional order.
It added that through intelligence gathering and public statements made by Utomi, the agency had observed him announcing the establishment of a “shadow government” comprising a “cabinet” with various portfolios. Utomi reportedly named Dele Farotimi as Ombudsman, while others, including Oghene Momoh, Cheta Nwanze, and Daniel Ikuonobe, were appointed to the Policy Delivery Unit Team.
The DSS maintained that these activities could mislead the public, weaken confidence in the elected government, and incite disaffection. It stressed that despite efforts by the Federal Government, including interventions from the Minister of Information, Utomi had remained defiant.
The agency urged the court to declare Utomi’s shadow government unconstitutional, warning that it poses a “clear and present danger” to Nigeria’s constitutional democracy.
The case is yet to be assigned to a judge for hearing.
