By Alex Enumah in Abuja

The Department of State Services (DSS) has approached the Federal High Court, Abuja, for an order seeking to restrain the 2007 presidential candidate of the African Democratic Congress (ADC), Prof. Pat Utomi, from rallying for a shadow government, which is an issue already before the court. They are not seeking to restrain his fundamental rights to protest on any issue except the Shadow Government which is the subject matter of the court case.

DSS’ Lead counsel, Mr Akinlolu Kehinde, SAN, said the move was predicated on reports that Utomi, who is said to be outside the country, was planning to engage in protests, road shows, media interviews and related activities for a shadow government upon his return to the country on June 6.

Specifically, DSS, in a fresh application filed on Wednesday, is praying for “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 sensitizing, 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 applicant informed the court that the proposed rallies, road shows and actions by the defendant “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria”.

The DSS added that as the agency 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 incumbent on it to forestall any threat to public order, safety and national unity.

It stated that before it filed the substantive suit, marked: FHC/ABJ/CS/937/2025, 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.

In an affidavit in support of the application, the applicant submitted that Utomi’s intention “is to stage road shows and rallies that are capable of drawing a large number of Nigerians with 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 rallies, road shows and actions of the Defendant/Respondent constitutes 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 publicized 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, himself and his group would adopt a different name.

The DSS added that Utomi “has been served with the originating process in this suit and has entered appearance vide his Counsel Prof. 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.

“It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application,” the DSS said.

Speaking shortly after filing the fresh application, Kehinde explained that the fresh interlocutory injunction against the defendant and his group was pending the determination of the substantive suit.

“This fresh application is premised on the fact that despite the pendency of the substantive action, the service of same on the defendant and the entry of appearance to same by his Counsel, Mike Ozekhome, SAN, the defendant has continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilized parties before the court are expected to maintain the status quo pending the determination of the substantive matter.

“What our client has submitted to the court is for the interpretation of the Constitution whether any form of government by whatever nomenclature can be formed or allowed outside the Constitution.

“Furthermore, our client is not interested at arresting anybody in respect of this matter having on its own accord submitted itself to the jurisdiction of the honourable court to interpret the Constitution and determine the legality or otherwise of the ‘Shadow government’ or any other nomenclature that it may be so named.

“It must be pointed out that our client under its current leadership is a very civilized organization with absolute confidence in the rule of law and that is why, it or any of its personnel will always approach the court of law whenever it feels that there is any infraction on its statutory duties by anyone or the rights of its personnel. Let the court have the final say.

“Gentlemen, we must all ensure that constitutional democracy and the rule of law have its way in Nigeria,” Kehinde said.