The Department of State Services (DSS) has requested the Federal High Court in Abuja to prohibit Professor Patrick Utomi from making public statements or participating in rallies concerning a pending lawsuit against him related to his declared intention to form a shadow government in Nigeria.
This appeal is outlined in a new application submitted by the DSS, citing reports that Utomi, who is currently abroad, has scheduled protests, roadshows, media appearances, and other related activities upon his return to Nigeria on June 6.
The application seeks mainly, “an order of interlocutory injunction, restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programs, jingles or any other public enlightenment programme (s) aimed at sensitising, instigating, propagating or in any way promoting the purported “shadow government/shadow cabinet” or its objectives or goals with the view to establishing the said “shadow government” pending the hearing and determination of this substantive suit.”
The grounds for the application, according to the DSS’ legal team, led by Akinlolu Kehinde (SAN), includes that, if not restrained, Utomi’s proposed raliies, road shows and actions would “constitute a serious threat to public order, safety and national unity of the Federal Republic of Nigeria.”
The DSS added that since it is statutorily empowered to safeguard the internal security of the country and prevent any threats to lawful authority of the Federal Republic of Nigeria and its constituent institutions, it was its responsibility to forestall any threat to public order, safety and national unity.
It stated that before it filed the substantive suit, Utomi had, through public statements, social media and other platforms, engaged in statements and actions aimed at undermining the outcome of the case now pending before the court, and which he is aware of.
The DSS said it gathered through monitoring and intelligence reports that Utomi, who is currently abroad and is due to return on June 6 plans “to stage road shows and rallies under the guise of freedom of speech and association in a bid to cause public discontent in furtherance of his establishment of the purported ‘shadow government/shadow cabinet.’
In a supporting affidavit, the DSS added that Utomi’s intention “is to stage road shows and rallies that are capable of drawing a large number of Nigerians with the intent that will cause huge disruption of peace, breakdown of public order, enable riots and violent protests just as the recent “End SARS” protests in 2020.
“All the planned protests, riots and agitations that will ensue, if the purported actions of the defendant/respondent are not stayed, may lead to mayhem with a potential for anarchy, loss of lives and property.
“The proposed allies, road shows and actions of the Defendant/Respondent constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”
The DSS stated that on May 26, during the fourth edition of the Topaz Lecture Series, themed “Shadow Government: A Distraction or Necessity”, hosted by the University of Lagos (UNILAG) Mass Communication Class of 1988 Alumni Association, Utomi made statements, capable of undermining the pending suit.
It added that in the statements, widely publicised by various national newspapers and on social media platforms, Utomi defended the creation of the purported shadow government and further stated that if the suit succeeds in favour of the DSS, he and his group shall adopt a different name.
The DSS explained that Utomi “has been served with the originating process in this suit and has entered appearance vide his Counsel Professor Mike Ozekhome (SAN) since 20 May, 2025.
“The defendant/respondent (Utomi) is aware of the pendency of this action before this Honourable Court as he has been served with the originating process in this suit by courier as ordered by this honourable court.
“Unless this honourable court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court.
The DSS stated that granting the application is essential to uphold justice, safeguard national security, and maintain the rule of law.