The Department of State Service (DSS) has declared it will not arrest anyone regarding the proposed shadow government initiative led by Professor Patrick Okedinachi Utomi, former presidential candidate of the African Democratic Congress (ADC).
This clarification came on Wednesday from the agency's lead counsel, Akinlolu Kehinde, SAN, after filing a fresh application at the Federal High Court in Abuja seeking an interlocutory injunction against Utomi.
DSS Opts for Legal Resolution
"Our client is not interested in arresting anybody on 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," Kehinde stated while addressing journalists.
The senior lawyer emphasized that the DSS, under its current leadership, is "a very civilized organization with absolute confidence in the rule of law" and prefers to approach the courts whenever it perceives any infraction on its statutory duties.
New Court Application Details
The newly filed application primarily seeks to restrain Utomi, his agents, associates, and anyone acting through him from staging road shows, rallies, public lectures, or any form of public gathering aimed at promoting the proposed shadow government pending the determination of the substantive suit.
According to the DSS, these activities "constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria." The agency expressed concerns that Utomi, who is reportedly out of the country until June 6, plans to stage road shows and rallies that could potentially "cause public discontent" and lead to disruption of peace.
Constitutional Interpretation at Stake
"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," Kehinde explained.
The DSS claimed that despite being aware of the pending suit, Utomi has continued to make "inflammatory statements capable of igniting chaos" instead of maintaining the status quo. The agency referenced Utomi's statements during the fourth edition of the Topaz Lecture Series at the University of Lagos on May 26, where he allegedly defended the creation of the shadow government and indicated that his group would adopt a different name if the court ruled against them.
The substantive suit, marked FHC/ABJ/CS/937/2025, has already been served on Utomi, who has entered an appearance through his counsel, Mike Ozekhome, SAN, since May 20, 2025.
The DSS maintains that its application is in the interest of justice, national security, and the rule of law, arguing that without court intervention, Utomi's actions "may foist a fait accompli on the court."
