DSS charges Utomi to court over parallel government

The Department of State Services has sued a former presidential candidate, Prof. Pat Utomi, accusing him of attempting to illegally usurp President Bola Tinubu’s executive powers by setting up a shadow government.

In the suit marked FHC/ABJ/CS/937/2025, filed at the Federal High Court in Abuja, the DSS alleged that Utomi’s actions posed a threat to national security and constitutional order.

The 2007 presidential candidate of the African Democratic Congress was named as the sole defendant in the suit.

The suit, which was filed through a team of lawyers led by Akinlolu Kehinde (SAN), on Wednesday, claimed Utomi was attempting to illegally usurp the executive powers of Tinubu.

According to the suit, the planned shadow government or shadow cabinet is an unregistered and unrecognised body claiming to operate as an alternative government, contrary to the provision of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The DSS, in its contentions, stated that Utomi, through public statements, social media, and other platforms, announced the formation of the body with the intent to challenge the legitimacy of the democratically elected government of Nigeria.

The secret police added that while he was inaugurating the ‘shadow cabinet’, Utomi stated that it is made up of the Ombudsman and Good Governance portfolio to be manned by Dele Farotimi; the policy Delivery Unit team consisting of Oghene Momoh, Cheta Nwanze, Daniel Ikuonobe, Halima Ahmed, David Okonkwo and Obi Ajuga; and the council of economic advisers.

The service said, “Based on the intelligence gathered by the plaintiff, the activities and statements made by the defendant and his associates are capable of misleading segments of the Nigerian public, weakening confidence in the legitimacy of the elected government, and fuelling public disaffection.”

The secret police also said it is certain that the defendant’s shadow government, if left unchallenged, could destabilise the country, incite political unrest and undermine national security, as it was intended to create chaos.

It claimed that such a structure, styled as a shadow government, could cause intergroup tensions and embolden other unlawful actors or separatist entities to establish similar parallel arrangements, all of which would pose a serious threat to national security.

“The plaintiff, in the discharge of its statutory duties, has gathered intelligence confirming that the defendant’s actions pose a clear and present danger to Nigeria’s constitutional democracy.

“The defendant’s actions amount to an attempt to usurp or mimic executive authority, contrary to sections 1(1), 1 (2), and 14(2Xa) of the 1999 Constitution (as amended), which exclusively vests governance in institutions duly created under the Constitution and through democratic elections.

“The Federal Government of Nigeria has made several efforts to engage the defendant to dissuade him from this unconstitutional path, including statements made by the Minister of Information, but the defendant has remained defiant.

“It is in the interest of justice, national security, and the rule of law for this honourable court to declare the existence and operations of the defendant unconstitutional and illegal,” DSS stated.

The DSS further described the planned shadow government as not only an aberration but also a grave attack on the Constitution and a threat to the democratically elected government currently in place.

Among its requests, the DSS asked the court to declare the purported “shadow government” or “shadow cabinet” being planned by the defendant and his associates as unconstitutional.

It argued that the move amounts to an attempt to create a parallel authority not recognised by the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The DSS further prayed the court to declare that, under Sections 1(1), 1(2), and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the provisions of the Constitution is unconstitutional, null, and void.

Additionally, the DSS sought “an order of perpetual injunction restraining the defendant, his agents, and associates from taking any steps towards establishing or operating a ‘shadow government’, ‘shadow cabinet’, or any similar entity not recognised by the Constitution.”

The DSS highlighted several grounds for its approach to the court, maintaining that Section 1(1) of the 1999 Constitution (as amended) establishes the Constitution’s supremacy and its binding force on all persons and authorities in Nigeria.

It further emphasised that Section 1(2) prohibits the governance of Nigeria or any part thereof except in accordance with constitutional provisions.

The secret police also referred to Section 14(2)(a) of the Constitution, which declares that sovereignty belongs to the people of Nigeria, from whom the government derives all its powers and authority.

It argued that Utomi’s proposed shadow government lacks legal legitimacy, as it contravenes multiple constitutional provisions.

In an affidavit supporting the suit, the DSS described itself as the principal domestic intelligence and security agency statutorily mandated to detect and prevent threats to internal security, including subversive activities capable of undermining national unity, peace, and constitutional order.

It added that it is empowered to safeguard the nation by preventing threats to the lawful authority of the Federal Republic of Nigeria and its constituent institutions.

The DSS further told the court that the defendant had announced the establishment of what he termed a shadow government, comprising several individuals making up its ministerial cabinet.

The court is yet to fix a date for the hearing.

No place for military incursion in Nigeria – Gowon

Meanwhile, a former Head of State, Gen. Yakubu Gowon, on Wednesday said that in spite of the imperfections in democracy, the era of military rule must remain behind Nigeria.

Gowon stated this in Abuja at the unveiling of a book titled “Military Factor in Nigerian History, 1960-2018” by the Historical Society of Nigeria as part of activities to mark the association’s 70th anniversary.

He said that while the military and its various regimes had contributed monumentally to the peace and economic development of Nigeria, it must continue to support the advancement of democracy and national development.

“The era of military governance is and must remain behind us. Democracy, despite its imperfections, provides the best framework for national development and popular participation.

“The armed forces must fully embrace their constitutional role as defenders of the nation’s territorial integrity, not as administrators or political actors,’’ he said.

Gowon, who chaired the occasion said that the military factor in Nigerian history is neither a simple story of heroism nor villainy.

He described it as a complex narrative of an institution that had been deeply intertwined with the country’s national journey.

The former head of state observed that the question of whether the military has been a hero or villain in Nigeria’s development journey is perhaps the most contested.

“With the wisdom that comes from age and reflection, I believe the answer lies somewhere in between. On one hand, the military preserved national unity during the civil war.

“We built infrastructure, created states to bring the government closer to the people, and at times restored order when civilian structures faltered.

“Our armed forces have distinguished themselves in peacekeeping operations across Africa and beyond.

“On the other hand, I must acknowledge that military rule stifled democratic development, sometimes violated civil liberties, and created structures that enabled corruption.

“The interruption of our democratic journey in 1966, 1983, and the annulment of the June 12, 1993 elections represented dark chapters in our history that we must confront honestly.

“However, by acknowledging these mistakes, we pave the way for a brighter, more democratic future,’’ Gowon said.

Reflecting on the civil war in Nigeria, Gowon described it as the most painful episode in Nigeria history, “but one ultimately reaffirmed our commitment to national unity.’’

Commenting on the current security challenges, Gowon said that addressing it demanded a military that is technologically sophisticated and intelligence-driven.

He also advised the armed forces to become more integrated with civilian institutions and society.

He said the military should not stand apart from the people but should be seen as an essential component of the national fabric, working in tandem with civilian authorities

According to him, the Nigerian military must continue to play a vital role in regional security while strengthening the nation’s defence capabilities.

Former Chief of Defence Staff, retired Gen. Lucky Irabor, in his keynote address, also said that the military had made immense contributions to the peace and development of Nigeria.

Irabor said that in terms of development, the military had been engaging in the construction of roads, bridges, dams, and several other tasks that have boosted economic development in the country.

“Diplomatically, the military has been active. Their participation in various peace and peace enforcement efforts across Africa and the rest of the world have boosted the image of the country globally.

“On the other hand, the military regimes have had both positive and negative impacts on our national development journey.

“The political, economic, and social development of the country have been shaped by military regimes in multiple ways.

“The outcomes of the infrastructural developments and back-to-back military regimes are eloquent testimonies,” he said.

He also listed some of the achievements and interventions of military regimes to the establishment of the National Youth Service Corps programme, development of shipping lines, among others.

Irabor, however, said that in spite of the positive contributions, the issues of human rights and perceived suppression of public freedoms during military regimes had come under very serious scrutiny.

Commending the forum for unveiling the book, he said it was very important to appreciate the past and set goals and visions for the future.

He expressed optimism that the book will inspire dialogues, debates, and deeper inquiry into the forces that shaped, going to further shape the development of the country.

The book reviewer, Prof. Patrick Ukase, described the 598 pages book as a well-researched book that analysed the various military regimes in the country.

Ukase said that the book under review was a comprehensive examination of Nigeria’s military’s multi-faceted role in shaping the nation’s political, social, and economic landscapes.

Ukase said that the book structured into six thematic areas, encompassing 27 chapters, offered a nuanced analysis of the military’s influence on Nigeria’s post-colonial development trajectory.

“It is a vital resource and highly recommended for the Nigerian military, other security forces, scholars, students, policymakers, and security professionals.

“It is a well-researched, comprehensive work that offers a valuable perspective on the history, structure, contributions, and policies of the Nigerian military,’’ Ukase said.

The Acting President of the Society, Prof. Zara Kwaghe, said the idea of the book was conceived at the 2024 annual conference of association, in recognition of the military’s major role in the unity and development of Nigeria.

Kwaghe said that Nigeria military had been strategic in keeping the country together, urging Nigerians to keep supporting them.

She urged the military to continue to do what they have been doing to help the nation to stay together and to move forward in peace.