A Federal High Court in Abuja has urged caution and restraint from both the Department of State Services (DSS) and Professor Pat Utomi, amid legal proceedings over alleged plans to create a “shadow government” in Nigeria.
Presiding Judge James Omotosho issued the directive on Wednesday after the DSS claimed that Utomi, a respected academic and former presidential aspirant, was taking steps that could interfere with the court’s deliberations.
The DSS, in its suit (FHC/ABJ/CS/937/2025), is asking the court to declare Utomi’s actions unconstitutional, accusing him of seeking to incite unrest and destabilise the country through public mobilisation and the formation of an unofficial government structure. The agency is also requesting an interim order to restrain Utomi and his associates from staging rallies or making public comments while the case is ongoing.
Kehinde, counsel for the DSS, argued that intelligence reports indicated Utomi had scheduled protests and media appearances related to the matter. However, defence counsel Mike Ozekhome (SAN) criticised the application, saying it pre-empted the main case and should not proceed until the core issues were addressed.
In response, Justice Omotosho revealed that, due to the national implications of the case, he had taken the unusual step of inviting distinguished legal minds from across Nigeria’s six geopolitical zones to advise the court as amici curiae. This includes a diverse panel comprising university vice chancellors, legal scholars, and senior advocates.
Legal experts invited include Prof. Ademola Popoola (Obafemi Awolowo University), Prof. Uchefula Chukwumaeze (Vice Chancellor, Imo State University), and SANs such as Joseph Daudu, Joe Gadzama, Dakas Dakas, Miannaya Essien, and Yakubu Maikyau, former Nigerian Bar Association president.
The judge stated that contributions from the amici curiae would be shared with both parties before final judgment. In the meantime, he stressed that no party should undertake any action that could render the court’s ruling ineffective, warning that such steps would be invalidated.
Justice Omotosho deferred ruling on the interlocutory injunction and instead ordered an expedited hearing, stating that both preliminary objections and the originating summons would be heard concurrently.
Utomi, in his objection to the suit, argues that the DSS lacks jurisdiction and that the agency is seeking to criminalise activities protected under Nigeria’s 1999 Constitution, including freedom of expression and political engagement. He also labelled the suit speculative and without legal standing.
The matter was adjourned until 10 July, with the judge affirming the court’s commitment to a fair process and the preservation of judicial integrity.
