Restrain Utomi, associates from shadow govt rallies — DSS tells Court

5 Jun 2025
By Matthew Denis

The Federal High Court in Abuja has been asked to prohibit Patrick Okedinachi Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), from making public statements or holding rallies related to his announced plan to establish a shadow government in Nigeria.

The application was filed on Wednesday by the State Security Service (SSS) amid reports that Utomi, currently abroad, intends to conduct protests, roadshows, media interviews, and related activities upon his return on June 6.

The SSS is requesting an interlocutory injunction to restrain Utomi, his associates, and anyone acting on his behalf from staging roadshows, rallies, public lectures, newspaper publications, television programmes, jingles, or any public enlightenment efforts promoting the so-called shadow government or its objectives until the court rules on the substantive case.

According to the SSS legal team, led by Senior Advocate of Nigeria Akinlolu Kehinde, failure to grant the injunction would risk public order, safety, and national unity.

The agency, charged with safeguarding Nigeria’s internal security and lawful governance, argued it must prevent any threats to public peace. It stated that prior to filing the lawsuit (case number FHC/ABJ/CS/937/2025), Utomi had, via public statements and social media, attempted to undermine the pending case of which he is aware.

The SSS said its monitoring and intelligence reports indicate that Utomi plans to exploit freedom of speech and association to stage rallies and roadshows aimed at stirring public unrest in support of his shadow government initiative.

A supporting affidavit claims Utomi’s planned activities could attract large crowds, leading to major disturbances, breakdown of public order, riots, and violent protests comparable to the 2020 End SARS demonstrations.

“All the planned protests and agitations, if not stopped, risk mayhem with the potential for anarchy and loss of lives and property,” the affidavit stated.

The SSS pointed to remarks Utomi made on May 26 during the Topaz Lecture Series at the University of Lagos, where he defended the creation of the shadow government and vowed to rename it if the suit favours the SSS.

Utomi has been served with court papers and has appeared through his lawyer, Professor Mike Ozekhome (SAN), since May 20, 2025.

The SSS urged the court to intervene to prevent Utomi’s actions from pre-empting the court’s decision, stressing the matter concerns justice, national security, and the rule of law.

After filing the application, Mr Kehinde explained the SSS’s position: “We have applied for an interlocutory injunction against the defendant and his group pending the substantive suit’s determination. The application is a public document accessible at the court registry.

“As representatives of the media, it is good you monitor this case filed by the SSS to prevent insurrection and treasonable acts against the democratically elected government.

“Despite being served and appearing in court, the defendant continues to make inflammatory statements capable of inciting chaos, instead of respecting the principle that parties must maintain the status quo until the substantive matter is resolved.

“Our client seeks the court’s interpretation of the Constitution to determine if any government, by whatever name, can exist outside constitutional provisions.

“Importantly, the SSS is not seeking to arrest anyone over this matter but has submitted to the court’s jurisdiction for a lawful ruling on the legitimacy of the shadow government concept.

“The SSS under its present leadership respects the rule of law and will always approach the courts when there are alleged breaches of its statutory duties or rights. We trust the court will give a final and just ruling.”