By John Moses
A Federal High Court in Abuja has issued a warning to both the Department of State Services (DSS) and Professor Pat Utomi, urging restraint in relation to a case involving allegations of plans to form a “shadow government” in Nigeria.
Justice James Omotosho cautioned both parties on Wednesday against taking any steps that could render the court proceedings ineffective, following complaints by DSS counsel, Akinlolu Kehinde (SAN), that Prof. Utomi was allegedly preparing to take public action on the matter despite the pending suit.
The DSS had filed a lawsuit against Utomi, a renowned professor of political economy and former presidential candidate, accusing him of attempting to establish a parallel government. The security agency asked the court to declare the move unconstitutional and a threat to national stability. It also sought an interlocutory injunction to prevent Utomi and his affiliates from organising protests or making public statements linked to the issue while the case is ongoing.
During the hearing, Kehinde told the court that intelligence suggested Utomi was preparing for rallies, media engagements, and roadshows. In response, Justice Omotosho emphasised that the court would not tolerate actions that may pre-empt its ruling.
To address the complexity and national significance of the case, Justice Omotosho revealed that he had invited six prominent legal experts—one from each of Nigeria’s geopolitical zones—as amicus curiae, or friends of the court, to offer legal insight. The group includes senior advocates, vice chancellors, and law professors, with a commitment to gender balance.
Among those invited are Prof. Ademola Popoola of Obafemi Awolowo University, Prof. Uchefula Chukwumaeze, Vice Chancellor of Imo State University, and leading Senior Advocates including Joseph Daudu, Joe Gadzama, Dakas Dakas, Miannaya Essien, and Yakubu Maikyau.
In court, Utomi was represented by Senior Advocate of Nigeria, Chief Mike Ozekhome, who opposed the DSS’s motion for an interlocutory injunction, arguing that it was premature and intertwined with the substantive case.
The judge declined to rule on the injunction immediately, instead ordering an accelerated hearing. Both the preliminary objections and the main suit will be heard together, with a ruling expected after submissions from the invited legal experts.
Utomi, through a preliminary objection filed by his legal team, is seeking the dismissal of the case on the grounds that it lacks legal merit and that the DSS has no authority under its statutory functions to prosecute such matters. He maintains that forming a “shadow cabinet” constitutes legitimate political expression, protected under Nigeria’s constitution.
Justice Omotosho adjourned proceedings until 10 July, reiterating that any action taken by either party during the interim could be nullified and warning against conduct that could undermine the court’s authority.
