By John Moses
Prominent Nigerian academic and political economist Professor Pat Utomi has called on the Federal High Court in Abuja to dismiss a lawsuit brought against him by the country’s secret police, the Department of State Services (DSS), over allegations that he intended to form a “shadow government”.
Utomi, a former presidential candidate and political commentator, described the case as baseless, urging Justice James Omotosho to throw it out for lack of jurisdiction.
In a preliminary objection filed by his legal counsel, Chief Mike Ozekhome, SAN, Utomi argued that the DSS lacked the legal authority to initiate civil proceedings regarding activities that fall within the realm of constitutional political engagement.
“The claims being brought forward criminalise lawful democratic activity, including freedom of expression, association, and political participation,” Utomi argued, citing Sections 39 and 40 of Nigeria’s 1999 Constitution.
He described the DSS’s case as “speculative, inchoate and lacking legal merit”, adding that no clear violation of law had been demonstrated.
The DSS alleges that Utomi’s supposed plans to create a shadow government pose a threat to national security. The agency also filed a motion to prevent him from organising rallies or protests related to the case.
However, in a sworn affidavit submitted alongside his objection, Utomi defended his actions, calling them consistent with democratic norms. He said his efforts aimed to encourage public policy discourse, not to incite instability.
Utomi, who has held roles as Deputy Managing Director of Volkswagen Nigeria and as a presidential adviser in the 1980s, accused the DSS of attempting to stifle dissent through legal intimidation.
“This is an abuse of court process and a dangerous encroachment on civil liberties,” he said.
The case, registered as FHC/ABJ/CS/937/2025, will now be determined following a ruling on the preliminary objection.
