Justice James Omotosho issued the order after hearing an ex parte application from the Department of State Services (DSS).
The DSS claimed that Utomi’s proposed move poses a serious threat to the Nigerian Constitution and the country’s democratic system.
The judge allowed the documents to be sent to Utomi’s Lagos address via courier and postponed the hearing to June 25, by which time Utomi is expected to respond.
The DSS filed the case on May 13, arguing that a shadow government is not only unconstitutional but could spark political instability, ethnic tension, and inspire separatist movements.
According to them, such a structure could lead to the creation of parallel power centers, which would be harmful to Nigeria’s security.
The security agency wants the court to officially declare any shadow government or cabinet initiated by Utomi and his team illegal and unconstitutional.
They cited parts of the 1999 Constitution which state that only governments formed in line with constitutional guidelines are valid.
Specifically, the DSS pointed to Sections 1(1), 1(2), and 14(2)(a) of the Constitution, which affirm that the Constitution is supreme, no other authority is allowed outside its framework, and that all power comes from the people through the Constitution.
In a sworn affidavit, the DSS described itself as Nigeria’s key intelligence and internal security agency, responsible for preventing actions that could undermine national unity and peace.
They claimed to have tracked Utomi’s public comments and media appearances, where he allegedly spoke about setting up a shadow government with named members acting like ministers.
According to the DSS, this so-called shadow government has no legal standing in Nigeria and is not registered or recognized by the Constitution. They believe the aim is to challenge the legitimacy of Nigeria’s elected leadership.
The DSS further argued that Utomi’s activities could mislead the public, weaken trust in the current government, and stir unrest.
To prevent this, they are asking the court to issue a permanent order stopping Utomi and his associates from taking any more steps toward forming or running such an alternative government.
DSS further stated that this legal action is necessary to protect national security, uphold democratic values, and maintain the rule of law in Nigeria.
KanyiDaily recalls that Pat Utomi said he’s receiving overwhelming support from across Nigeria after the DSS filed a legal case against him.
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