DSS Takes Action Against Pat Utomi Over Alleged Attempt to Overthrow Tinubu’s Government
by Esther Odili, https://www.facebook.com/legitngnews · Legit.ng News · Join- The Department of State Services has sued Pat Utomi for allegedly attempting to usurp President Bola Tinubu by forming a shadow government
- The DSS, in its suit, said that the shadow government was unconstitutional and posed a threat to national security and the country’s democracy
- The secret police sought a court declaration that Utomi’s actions were illegal and wanted a permanent injunction against establishing such bodies
Legit.ng journalist Esther Odili has over two years of experience covering political parties and movements.
FCT, Abuja - The Department of State Services (DSS) has sued a former presidential candidate, Professor Pat Utomi, accusing him of attempting to illegally usurp President Bola Ahmed Tinubu’s executive powers by setting up a shadow government.
Utomi sued over alleged 'shadow government' creation
In the suit marked FHC/ABJ/CS/937/2025, filed at the Federal High Court in Abuja, the DSS said that Utomi’s alleged actions posed a threat to national security and constitutional order.
As reported by The Punch, the 2007 presidential candidate of the African Democratic Congress (ADC) was named the sole defendant in the suit.
The suit, which was filed through a team of lawyers led by Akinlolu Kehinde (SAN), on Wednesday, May 14, claimed Utomi was attempting to illegally usurp the executive powers of Tinubu.
Shadow govt: DSS takes action against Utomi
Legit.ng reported that the federal government earlier reacted to the alleged inauguration of a shadow government by political activist Utomi.
The minister of information and national orientation, Mohammed Idris, said there is no provision for a shadow government in Nigeria's statute books.
According to Mohammed, the idea of a so-called 'shadow government' composed of members from various opposition parties would be an aberration.
The DSS, in its suit, 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.”
As reported by The Punch, the secret police also said it was certain the defendant’s alleged shadow government, if left unchallenged, could destabilise the country, incite political unrest and undermine national security.
“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 court is yet to fix a date for the hearing, although The Punch has published the full details of the DSS suit.
Utomi’s shadow govt: Lawyers react
Meanwhile, legal experts have offered differing views on Utomi's move to establish a "shadow government" as a means of promoting accountability in the country's governance.
Salman Jawondo, a Senior Advocate of Nigeria (SAN) and former Attorney General of Kwara state, described the initiative as a "welcome innovation" in the nation's political landscape. He said the concept, though unfamiliar in Nigeria, aligns with democratic values and could compensate for the lack of a strong opposition.
“This is not treasonable and does not violate any constitutional provision. It’s a legitimate political response aimed at improving governance,” Jawondo said.
“As it is today, there’s no effective opposition in Nigeria, and this initiative may finally put the government on its toes.”
However, another senior lawyer, Dr. Akin Onigbinde (SAN), urged caution. While acknowledging Utomi’s intellectual standing, he questioned the relevance of borrowing concepts from systems like the Westminster model in Nigeria’s presidential democracy.
“This is a presidential system, not a parliamentary one. Shadow governments are not part of our political structure,” Onigbinde said. “That said, Utomi’s voice is important and should be used to constructively engage—not mirror—government.”
Legit.ng notes that Nigeria operates a US-style presidential system, and efforts to adapt parliamentary-style mechanisms have historically met with scepticism.
Contrary to the position of the DSS, Utomi said what he's doing has constitutional backing.
'We are doing what the Nigerian Constitution gives us the right to do.' Nigerian elite show panic by trying to shut down alternative voices," he said.
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Utomi says mega party forming against Tinubu
Meanwhile, Legit.ng reported that Professor Utomi said it was clear that the current political parties and politicians could not save Nigeria.
The renowned political economist said two categories of Nigerians were coming together to form a 'mega party' to unseat the ruling APC.
Utomi said two cohorts of politicians - the 'mea culpa' and the 'new value' cohorts - would create a platform to take away power from Tinubu.
Legit.ng's head of politics and current affairs desk, Nurudeen Lawal, contributed legal experts' and Utomi's reactions to this report.
Proofreading by Bruce Douglas, copy editor at Legit.ng.