By OBSERVERS TIMES.
••Security Service Accuses Politician of Plotting to Destabilise Nigeria, Seeks Court Injunction to Halt Initiative
Nigeria’s State Security Service (SSS) has initiated legal action against prominent politician and professor of political economy, Pat Utomi, over his announced intention to establish a “shadow government” in the country. In a lawsuit filed at the Federal High Court in Abuja, the SSS is seeking a declaration that Mr. Utomi’s move is unconstitutional and poses a significant threat to Nigeria’s democratic framework.
The suit, marked FHC/ABJ/CS/937/2025 and filed on May 13 by Akinlolu Kehinde, SAN, argues that Mr. Utomi’s plan is a deliberate attempt to incite chaos and destabilise the nation. The SSS contends that the proposed “shadow government” is not only an unprecedented aberration within Nigeria’s constitutional order but also constitutes a grave assault on the constitution and a direct challenge to the legitimacy of the democratically elected government currently in power.
The security agency expressed deep concern that allowing such a structure, styled as a “shadow government,” to proceed unchecked could ignite political unrest, exacerbate existing inter-group tensions, and embolden other unlawful or separatist entities to emulate similar parallel structures. The SSS warned that such a scenario would pose a severe threat to the overall security and stability of the nation.
In its prayers before the court, the SSS urged the judiciary to declare the “shadow government” or “shadow cabinet” being organised by Mr. Utomi and his associates as unequivocally “unconstitutional and amounts to an attempt to create a parallel authority not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Furthermore, the SSS is seeking a judicial declaration affirming that “under Sections 1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the explicit provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is unconstitutional, null, and void.”
To prevent further action, the SSS has also requested the court to issue an order of perpetual injunction, effectively restraining Mr. Utomi, his agents, and associates “from further taking any steps towards the establishment or operation of a “shadow government”, “shadow cabinet” or any similar entity not recognised by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The SSS anchored its legal arguments on the supremacy clause enshrined in Section 1(1) of the Constitution, which declares the constitution’s binding force on all persons and authorities within Nigeria. The agency further cited Section 1(2), which explicitly prohibits the governance of Nigeria or any part thereof except in strict adherence to the provisions of the constitution.
Drawing on the fundamental principles of sovereignty, the SSS also referenced Section 14(2)(a) of the Constitution, which establishes that sovereignty resides in the people of Nigeria, from whom the government derives all its powers and authority through the constitutionally established framework. The agency argued that Mr. Utomi’s proposed shadow government lacks any constitutional basis or legitimate authority, directly contravening these fundamental provisions.
In a supporting affidavit, the SSS identified itself as the principal domestic intelligence and security agency of the Federal Republic of Nigeria, legally mandated to detect and proactively prevent threats to the nation’s internal security. This mandate, the agency asserted, includes countering subversive activities capable of undermining national unity, peace, and the established constitutional order.
The SSS emphasized its statutory power to safeguard Nigeria’s internal security and protect the lawful authority of the Federal Republic of Nigeria and its constituent institutions.
The agency revealed that it had been monitoring Mr. Utomi’s public pronouncements through intelligence reports and open-source materials, including public statements and interviews, in which he announced the purported establishment of a “shadow government” or “shadow cabinet,” comprising individuals designated as its “Ministers.”
The SSS described this “shadow government” or “shadow cabinet” as an unregistered and unrecognised entity that purports to operate as an alternative government, directly contradicting the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The agency stated that Mr. Utomi, through various public platforms, had announced the formation of this body with the clear intention of challenging the legitimacy of the democratically elected government of Nigeria.
The SSS further disclosed the individuals identified as members of Mr. Utomi’s “shadow cabinet,” including Dele Farotimi as the Ombudsman and Good Governance portfolio holder; a Policy Delivery Unit Team comprising Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo, and Obi Ajuga; and a council of economic advisers.
Based on its intelligence assessment, the SSS concluded that the activities and public statements made by Mr. Utomi and his associates have the potential to significantly mislead segments of the Nigerian public, erode confidence in the legitimacy of the elected government, and fuel widespread public disaffection.
The SSS asserted that, in the discharge of its statutory duties, it had gathered credible intelligence confirming that Mr. Utomi’s actions pose a clear and present danger to Nigeria’s constitutional democracy.
The agency argued that “the defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to Sections 1(1), 1(2), and 14(2Xa) of the 1999 Constitution (As Amended), which exclusively vests governance in institutions duly created under the constitution and through democratic elections.”
The SSS further revealed that the Federal Government of Nigeria had made several attempts to engage Mr. Utomi and dissuade him from pursuing this “unconstitutional path,” including public statements made by the Minister of Information. However, the agency stated that Mr. Utomi had remained defiant in his pursuit of the “shadow government.”
The SSS concluded that it is in the paramount interest of justice, national security, and the rule of law for the court to declare the existence and operations of Mr. Utomi’s proposed “shadow government” unconstitutional and illegal.
As of the time of this report, the suit has not yet been assigned to a specific judge for hearing.
Background Note: A shadow government, predominantly found in parliamentary systems, typically involves opposition politicians forming a symbolic alternative government to scrutinize and critique the policies of the ruling administration. Nigeria briefly practiced a parliamentary system in the years immediately following its independence in 1960.
