The Department of State Services (SSS) has asked the Federal High Court in Abuja to restrain Professor Pat Utomi and his associates from organising rallies, public lectures, media engagements and similar activities in furtherance of a proposed “shadow government”.
In a fresh application filed on Wednesday, June 4, the SSS is seeking an interlocutory injunction against Utomi, who contested the presidency in 2007 under the African Democratic Congress (ADC).
The agency cited intelligence reports that Utomi, currently abroad, plans to return to Nigeria on June 6 and commence activities such as protests, interviews, and road shows in support of the shadow government agenda.
The application reads in part, “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 DSS, through its lead counsel Akinlolu Kehinde (SAN), argued that the planned activities pose a threat to national security nd public order.
“If not restrained,” the agency said, “Utomi’s proposed rallies, road shows and actions constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
It added that Utomi had made public statements and social media posts aimed at undermining the ongoing court case, despite being aware of the suit, marked FHC/ABJ/CS/937/2025.
The service warned that Utomi’s activities were capable of inciting unrest similar to the 2020 End SARS protests.
“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 SSS stated in an affidavit.
“The proposed rallies, road shows and actions of the Defendant/Respondent constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
The DSS also referred to Utomi’s comments at the fourth edition of the Topaz Lecture Series held on May 26, at the University of Lagos, themed “Shadow Government: A Distraction or Necessity”.
It noted that Utomi made statements justifying the shadow government initiative, saying he would rename the group if the court ruled against him.
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.”
Speaking to journalists shortly after filing the application, SSS’ lawyer Akinlolu Kehinde (SAN) said, “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.
“It is good that as members of the 4th estate of the realm you are keeping 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.
“This fresh 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.
“Furthermore, our client is not interested at arresting anybody in respect of 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, it 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. 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,” Kehinde added.
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