The Federal High Court in Abuja will on Monday, September 29, deliver judgment in a case filed by the Department of State Services (DSS) against public intellectual Prof. Pat Utomi over his inauguration of a “shadow government.”
In the suit, marked FHC/ABJ/CS/937/2025, the DSS argues that Utomi’s “Big Tent Coalition Shadow Government,” launched in May, is unconstitutional and amounts to an attempt to usurp President Bola Tinubu’s executive powers. The agency insists the structure poses a threat to national security and risks emboldening separatist movements.
The DSS, through its counsel Akinlolu Kehinde (SAN), likened Utomi’s project to early signs of insurgencies like Boko Haram and IPOB, urging the court to grant a perpetual injunction restraining him and his associates.
Utomi, represented by Mike Ozekhome (SAN), countered that the initiative is not a rival authority but a civic platform meant to scrutinise government policies and offer solutions. He described the DSS’s position as an attempt to gag citizens’ rights to free expression and dissent.
The court also heard submissions from seven amici curiae. While Joseph Daudu (SAN) warned that the idea of a “shadow government” was unconstitutional, Joe Gadzama (SAN) argued that prohibiting the group would suppress free speech, noting the DSS had not shown proof of a takeover attempt.
Justice Omotosho reserved judgment on July 10 after considering the arguments. The ruling on Monday will determine whether the DSS can lawfully stop Utomi’s project or whether it remains protected under citizens’ rights to civic engagement and policy critique.
