Federal High Court to deliver judgment on Pat Utomi’s “shadow government” case, determining whether DSS can legally block the civic initiative

A Federal High Court in Abuja is set to deliver judgment on Monday, 29 September 2025, in a suit filed by the Department of State Services (DSS) against public intellectual Pat Utomi.

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The agency claims Utomi attempted to establish a “shadow government.”

In the suit (FHC/ABJ/CS/937/2025), DSS argued that Utomi’s proposed government is unconstitutional. In May, Utomi inaugurated the Big Tent Coalition Shadow Government, comprising members of various opposition parties.

He said the initiative was designed to act as a credible opposition, highlighting government failures and offering solutions for better governance.

The Federal Government opposed the move, describing it as an aberration in Nigeria’s federal system. DSS argued that the initiative threatened national security, attempted to usurp executive powers, and could embolden unrest and separatist movements.

The agency sought a perpetual injunction restraining Utomi and his associates from pursuing the project.

In court, DSS counsel Akinlolu Kehinde (SAN) compared the plan to early warning signs of insurgent groups, citing Boko Haram and IPOB. “We must not wait for crisis to happen before we act,” he argued.

Utomi’s lawyer, Mike Ozekhome (SAN), countered that the project is a civic platform, not a parallel government. “They are trying to chain Nigerians with shackles stronger than those that dehumanised slaves over 500 years ago,” he said.

Ozekhome insisted the group lacks any executive, legislature, or judiciary, existing solely to scrutinise government policies and proffer solutions.

Seven amici curiae submitted opinions, with mixed views. Joseph Daudu (SAN) called the term “shadow government” dangerous and unconstitutional, while Joe Gadzama (SAN) warned that granting DSS’s request could stifle free expression, noting no evidence the group sought to take control of government.

Justice Omotosho reserved judgment on 10 July after hearing arguments and receiving amici submissions.

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The court’s decision on Monday will determine whether the DSS can lawfully prohibit Utomi’s initiative or whether it falls within citizens’ rights to engage in public scrutiny and policy debate.