Nigerian professor and former presidential candidate Pat Utomi is pushing back against accusations by the country’s Department of State Services (DSS) that he is plotting to establish a “shadow government”, urging a federal court to dismiss the case as unconstitutional and lacking merit.
Utomi’s legal team, led by Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome, filed a preliminary objection before Justice James Omotosho at the Federal High Court in Abuja, arguing the DSS lawsuit is “speculative” and a violation of constitutionally protected rights.
The case, numbered FHC/ABJ/CS/937/2025, stems from claims that Utomi was orchestrating an alternative government structure aimed at undermining the Nigerian state—a move the DSS describes as destabilising and unlawful.
In response, Utomi, a respected political economist and management expert, contended that the DSS had overstepped its statutory bounds as outlined under the National Security Agencies Act, insisting that policy debate and shadow cabinet formation are legitimate elements of a functioning democracy.
In his affidavit, Utomi stated: “The suit seeks to criminalise civic political engagement and silence freedom of expression under the guise of national security.”
He further noted that the DSS failed to present any evidence of criminal wrongdoing or imminent threat, describing the suit as a pre-emptive attempt to quash dissent and public discourse.
The DSS also filed an application requesting a court order to prevent Utomi and his associates from holding any demonstrations related to the matter, which remains under judicial consideration.
Utomi, who has previously served as a university professor, business executive, and adviser to the Nigerian president, warned that the legal action could set a worrying precedent for democratic freedoms in Nigeria.
“The DSS lacks the locus standi to bring this suit. This is a civil matter outside the scope of their mandate,” he asserted.
The Federal High Court is expected to rule on the admissibility of the case based on Utomi’s preliminary objection in the coming weeks.
