Justice James Omotosho of the Federal High Court, Abuja, has ordered the service of court documents on Professor Pat Utomi, the 2007 presidential candidate of the African Democratic Congress (ADC), in connection with a suit concerning his alleged attempt to establish a shadow government in Nigeria.

The Department of State Services (DSS), which initiated the suit, argues that the proposed shadow structure represents a constitutional aberration and a serious threat to the democratic order.

Granting an ex parte motion moved by DSS counsel, Akinlolu Kehinde, the judge directed that Utomi—named the sole defendant—be served at his Lagos address via courier. The court adjourned the matter to 25 June, by which time Utomi is expected to have entered his defence.

Filed on 13 May, the suit expresses DSS concerns that the shadow government, if allowed to persist, could incite unrest, escalate inter-group tensions, and embolden separatist or unlawful actors to create similar parallel entities, thereby jeopardising national stability.

The DSS is asking the court to declare Utomi’s proposed “shadow government” or “shadow cabinet” unconstitutional and tantamount to the creation of a parallel authority not recognised under the 1999 Constitution (as amended).

The agency is also seeking a perpetual injunction restraining Utomi, his agents, or associates from further steps toward establishing or operating such an entity.

The plaintiff cited Section 1(1) of the Constitution, which affirms its supremacy and binding nature, and Section 1(2), which prohibits governance outside its framework. It also referenced Section 14(2)(a), stating that sovereignty resides with the people, from whom government derives its authority.

In an affidavit supporting the suit, the DSS described itself as Nigeria’s principal domestic intelligence agency, statutorily mandated to safeguard internal security and prevent threats to constitutional order.

According to the agency, intelligence reports and public sources confirm that Utomi had publicly announced the formation of a “shadow government” comprising purported ministers, in a move designed to undermine the legitimacy of the elected government.

The DSS warned that such statements and activities could mislead the public, weaken faith in democratic institutions, and foment unrest. It urged the court to declare the entity’s existence illegal in the interest of justice, national security, and the rule of law.