The Department of State Services (DSS) has filed a lawsuit against Pat Utomi, accusing him of attempting to establish a “shadow government” in Nigeria—a move the agency describes as a direct threat to the nation’s constitution and democratic order.

In a suit filed on May 13 at the Federal High Court in Abuja (Suit No. FHC/ABJ/CS/937/2025), the DSS is seeking a judicial declaration that Utomi’s alleged actions are unconstitutional and an attack on the legitimacy of the elected government.

Utomi, who was the African Democratic Congress (ADC) presidential candidate in 2007, is the sole defendant in the case. The DSS, through its counsel Akinlolu Kehinde, argues that the creation of a shadow government is not only illegal but also capable of inciting political unrest, encouraging separatist tendencies, and destabilizing the country.

The agency is asking the court to declare Utomi’s proposed “shadow cabinet” as unconstitutional and tantamount to setting up a parallel authority not recognized under the 1999 Constitution (as amended). It also seeks a perpetual injunction restraining Utomi and his associates from proceeding with the plan.

According to the DSS, the Constitution’s Sections 1(1), 1(2), and 14(2)(a) prohibit any form of governance not derived from democratic elections and lawful authority. The suit argues that Utomi’s actions undermine these provisions and the sovereignty of the Nigerian people.

In a supporting affidavit, the DSS stated that intelligence reports and public materials—including statements and interviews by Utomi—confirm the formation of a “shadow cabinet” allegedly comprising individuals assigned various portfolios. Named members include Dele Farotimi (Ombudsman and Good Governance), and a Policy Delivery Unit Team made up of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga.

The DSS warned that Utomi’s efforts could mislead the public, weaken faith in the elected government, and erode constitutional order. The agency also disclosed that multiple attempts were made to dissuade Utomi from the initiative, including public warnings by the Minister of Information, but he reportedly remained defiant.

The DSS, tasked with safeguarding national security and constitutional governance, insists Utomi’s actions represent a clear danger to Nigeria’s democratic stability. The suit has not yet been assigned to a judge for hearing.