DSS Takes Legal Action Against Pat Utomi Over Alleged Attempt To Usurp Presidential Powers

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

Naija News reports that the suit, marked FHC/ABJ/CS/937/2025, was filed at the Federal High Court in Abuja, and the DSS alleges that Utomi’s actions represent a significant threat to national security and the constitutional order of Nigeria.

The DSS claims that Utomi’s plan to establish a shadow government undermines the legitimacy of the democratically elected government and poses risks to public order.

According to the DSS, the proposed shadow government, which is unregistered and unrecognised by the Nigerian Constitution, would attempt to operate as an alternative government, violating the provisions of the Constitution.

In the suit, the DSS highlights that Utomi used public platforms, including social media, to announce the formation of the body, which includes prominent figures such as Dele Farotimi, Oghene Momoh, and Cheta Nwanze in key portfolios. The shadow government also reportedly includes a council of economic advisers.

“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 fueling public disaffection,” the DSS stated in its filing.

The DSS further warned that, if allowed to proceed, Utomi’s shadow government could destabilise Nigeria, spark political unrest, and embolden separatist groups or other unlawful actors to establish similar parallel governments, which would pose a grave threat to the nation’s 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 DSS claimed.

The agency sought the court to declare the shadow government unconstitutional and illegal, asserting that it violates Sections 1(1), 1(2), and 14(2)(a) of the 1999 Constitution, which vests governance solely in democratically elected institutions.

As part of its request, the DSS also asked the court to issue a permanent injunction, preventing Utomi, his agents, and associates from further pursuing or establishing a shadow government or any similar entity not recognised by the Constitution.

The DSS stressed the constitutional supremacy of Nigeria’s laws, particularly emphasising the provisions that prohibit the establishment of any government outside the scope of the Constitution.

The agency reinforced that the 1999 Constitution solely empowers the Federal Government and its constituent institutions to operate under legal frameworks set by democratic elections.

In its affidavit supporting the suit, the DSS described itself as Nigeria’s principal domestic intelligence and security agency, tasked with preventing subversive activities that undermine national unity, peace, and the constitutional order.

The agency emphasised its role in safeguarding the authority of the federal government.

The DSS also pointed out that Utomi’s actions had already sparked a public announcement about the establishment of the shadow government, including a cabinet made up of various individuals nominated by the former presidential candidate.

The Federal High Court has yet to set a date for the hearing of the suit.