By Folorunso Alagbede, Abuja
The Department of State Service (DSS) is not interested in arresting anyone over the shadow government being proposed by a group led by the 2007 presidential candidate of the African Democratic Congress (ADC), Prof. Patrick Okedinachi Utomi, the agency’s lead counsel, Akinlolu Kehinde (SAN), has said.
The senior lawyer made the declaration on Wednesday shortly after filing a fresh application before the Federal High Court in Abuja for an interlocutory injunction restraining Utomi from further commenting publicly or engaging in rallies in relation to the subject of a suit pending against him over his announced plan to establish a shadow government in the country.
Kehinde, who spoke with journalists, said: “Our client is not interested in arresting anybody on this matter, having on its own accord submitted itself to the jurisdiction of the honourable court to interpret the Constitution and determine the legality or otherwise of the ‘shadow government’ or any other nomenclature that it may be so named.
“It must be pointed out that our client, under its current leadership, is a very civilized organization with absolute confidence in the rule of law and that is why its leadership or any of its personnel will always approach the court of law whenever it feels that there is any infraction on its statutory duties by anyone or the rights of its personnel like the case instituted against SERAP by some of its personnel, is being compromised. Let the court have the final say.
“Gentlemen, we must all ensure that constitutional democracy and the rule of law have its way in Nigeria.
“It is good that as members of the fourth estate of the realm you keep watch over the case filed against the formation of “Shadow Government” by Prof. Pat Utomi and his group.
“The civil suit, as you are aware, was filed by the State Security Service (SSS) in consonance with its statutory mandate of ensuring internal peace and avoidance of any form of insurrection and treasonable felony against the democratically elected government in the country.
“We, as counsel to the SSS have just filed an application seeking interlocutory injunction against the defendant and his group pending the determination of the substantive suit.
“The application being a public document can be obtained from the registry of the Honourable court”, he stated.
He continued, “The application is premised on the fact that despite the pendency of the substantive action, the service of same on the defendant and the entry of appearance to same by his counsel, Mike Ozekhome, SAN, the defendant has continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilized parties before the court are expected to maintain the status quo pending the determination of the substantive matter.
“What our client has submitted to the court is for the interpretation of the Constitution whether any form of government by whatever nomenclature can be formed or allowed outside the Constitution,” Kehinde said.
The new application seeks mainly, “an order of interlocutory injunction, restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programs, jingles or any other public enlightenment programme (s) aimed at sensitizing, instigating, propagating or in any way promoting the purported “shadow government/shadow cabinet” or its objectives or goals with the view to establishing the said “shadow government” pending the hearing and determination of this substantive suit.”
The grounds for the application include that, if not restrained, Utomi’s proposed raliies, road shows and actions “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria. ”
The SSS added that as the agency statutorily empowered to safeguard the internal security of the country and prevent any threats to lawful authority of the Federal Republic of Nigeria and its constituent institutions, it was incumbent on it to forstal any threat to public order, safety and national unity.
It stated that before it filed the substantive suit, marked: FHC/ABJ/CS/937/2025 Utomi had, through public statements, social media and other platforms engaged in statements and actions aimed at undermining the outcome of the case now pending before the court, and which he is aware of.
The SSS said it gathered through monitoring and intelligence reports that Utomi, who is currently out of the country and is due to return on June 6 plans “to stage road shows and rallies under the guise of freedom of speech and association in a bid to cause public discontent in furtherance of his establishment of the purported ‘shadow government/shadow cabinet.’
The plaintiff added, in a supporting affidavit, that Utomi’s intention “is to stage road shows and rallies that are capable of drawing a large number of Nigerians with intent that will cause huge disruption of peace, breakdown of public order, enable riots and violent protests just as the recent “End SARS” protests in 2020.
According to the SSS, “All the planned protests, riots and agitations that will ensue, if the purported actions of the defendant/respondent are not stayed, may lead to mayhem with a potential for anarchy, loss of lives and property.
“The proposed allies, road shows and actions of the Defendant/Respondent constitutes a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
The SSS stated that on May 26 during the fourth edition of the Topaz Lecture Series, themed “Shadow Government: A Distraction or Necessity”, hosted by the University of Lagos (UNILAG) Mass Communication Class of 1988 Alumni Association, Utomi made statements, capable of undermining the pending suit.
It added that the statements, widely publicized by various national newspapers and on social media platforms, Utomi defended the creation of the purported shadow government and further stated that if the suit succeeds in favour of the SSS, himself and his group shall adopt a different name.
The SSS added that Utomi “has been served with the originating process in this suit and has entered appearance vide his Counsel Prof. Mike Ozekhome (SAN) since 20 May, 2025.
According to state security services, “The defendant/respondent (Utomi) is aware of the pendency of this action before this Honourable Court as he has been served with the originating process in this suit by courier as ordered by this honourable court.
“Unless this honourable court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court.
“It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application,” the SSS said.
