The Department of State Services (DSS) has asked the Federal High Court in Abuja to restrain former presidential candidate of the African Democratic Congress (ADC), Pat Utomi, from making further public comments or staging rallies in connection with his plan to establish a shadow government in Nigeria.
The security agency raised the alarm in a fresh application filed on Wednesday, citing security concerns and a looming threat to public order and national unity if Utomi proceeds with his planned activities upon returning to the country on June 6.
In the application, the DSS is seeking an interlocutory injunction to stop Utomi, his agents, and associates from conducting any form of public mobilisation including road shows, rallies, media appearances, and publications—pending the hearing of the substantive suit already before the court.
“Unless this Honourable Court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court,” the DSS said in its affidavit.
According to the DSS legal team led by Akinlolu Kehinde (SAN), intelligence reports revealed that Utomi, who is currently abroad, has concluded plans to return on June 6 and launch a series of public engagements in support of the controversial shadow government agenda.
“If not restrained, Utomi’s planned activities constitute a serious threat to the public order, safety, and national unity of the Federal Republic of Nigeria,” the DSS warned.
The agency maintained that as the statutory body responsible for protecting Nigeria’s internal security, it must act to prevent any attempt to undermine lawful authority.
The DSS noted that the former minister and political economist had already been served with court processes and had entered appearance through his counsel, Prof. Mike Ozekhome (SAN), on May 20, 2025.
The substantive suit, marked FHC/ABJ/CS/937/2025, seeks to restrain Utomi from actions deemed capable of causing unrest or undermining national stability.
The agency accused Utomi of planning to disguise the mobilisation under the banner of free speech and civic engagement, with the ultimate aim of inciting public discontent similar to the 2020 #EndSARS protests.
“The planned protests, riots and agitations… may lead to mayhem with a potential for anarchy, loss of lives and property,” the DSS warned.
The DSS further cited Utomi’s remarks at the University of Lagos on May 26 during the Topaz Lecture Series, where he defended the concept of a shadow government and reportedly stated that if the court ruled against him, he would simply adopt a different name for the movement.
The security agency argued that such comments were capable of undermining judicial authority and instigating unrest.
Speaking after filing the application, Kehinde said the agency’s actions were guided by its constitutional mandate to prevent threats to Nigeria’s sovereignty and democratic institutions.
Kehinde 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.”