The Department of State Services (DSS) has instituted legal proceedings against Professor Pat Utomi at the Federal High Court in Abuja over his alleged attempt to establish what the security agency describes as a 'shadow government' in Nigeria.

In the suit marked FHC/ABJ/CS/937/2025 and filed on May 13, 2025, the DSS is seeking court declarations that would effectively prevent the former presidential candidate from proceeding with plans to create what it terms a parallel authority not recognized by the Nigerian Constitution.

The security agency, represented by Senior Advocate of Nigeria Akinlolu Kehinde, argues that Utomi's proposed shadow government constitutes "a grave attack on the Constitution and a threat to the democratically elected government" currently in place.

According to court documents, the DSS expressed concerns that such a structure could "incite political unrest, cause inter-group tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements," all of which would pose significant threats to national security.

The DSS has specifically requested the court to declare the proposed shadow government or cabinet as unconstitutional, arguing that it amounts to an attempt to create a parallel authority not recognized by the 1999 Constitution of Nigeria (as amended).

Additionally, the security agency seeks a declaration that under Sections 1(1), 1(2), and 14(2)(a) of the Constitution, establishing any governmental authority outside constitutional provisions is "unconstitutional, null, and void."

The DSS has also requested an order of perpetual injunction restraining Utomi, his agents, and associates from taking further steps toward establishing or operating a shadow government or any similar entity not recognized by the Constitution.

In its supporting affidavit, the DSS stated that it is statutorily mandated to detect and prevent threats to Nigeria's internal security, including subversive activities that could undermine national unity, peace, and constitutional order.

The agency claims it has monitored intelligence reports and public statements by Professor Utomi in which he allegedly announced the establishment of a shadow government or cabinet comprising several individuals designated as 'Ministers.'

Professor Pat Utomi, who was the 2007 Presidential Candidate of the African Democratic Congress (ADC), is the sole defendant in the case. The court has yet to announce a date for the hearing.