- Advertisement -
The Federal High Court sitting in Abuja has refused to grant a request by the Department of State Services (DSS) to restrain renowned political economist and former presidential candidate, Professor Pat Utomi, from proceeding with what the agency described as “shadow government” activities and planned rallies across Nigeria.
TJ News Nigeria reports that the DSS filed an ex-parte motion seeking an interlocutory injunction against Utomi and his associates, citing potential threats to national security and constitutional order. The agency alleged that intelligence had revealed concrete plans to stage rallies and protests that could destabilize the country.
The DSS, in suit number FHC/ABJ/CS/937/2025, urged the court to urgently stop Utomi from convening public demonstrations, organizing alternative governance structures, or granting media interviews that could interfere with the legal process.
- Advertisement -
Also Read: BREAKING: Yakubu Dogara Endorsed as Tinubu’s Running Mate for 2027
Court Declines Interim Order, Opts for Accelerated Hearing
In his ruling on Wednesday, Justice James Omotosho rejected the request for an interim restraining order. The judge held that the issues raised in the interlocutory application were deeply linked to the substantive matter and should not be addressed in isolation.
- Advertisement -
The court instead ordered an accelerated hearing of the main suit, alongside a preliminary objection filed by Utomi’s legal team. Both will be heard concurrently on the next adjourned date, July 10, 2025.
Justice Omotosho also issued a firm warning to both parties, cautioning against any conduct that could undermine the authority of the court or prejudice the final judgment.
“It is trite law that once a suit is filed and served, no party should take any step that would render the court’s decision nugatory,” he stated. “Any such action may be declared void.”
- Advertisement -
Court Invites Eminent Legal Experts as Amici Curiae
In a notable move, the court invited six eminent legal scholars and Senior Advocates of Nigeria from various regions to serve as amici curiae (friends of the court). Their non-binding expert opinions are expected to guide the court in resolving the constitutional issues raised by the case.
Those invited include:
- Prof. Ademola Popoola, Professor of International Law, OAU, Ile-Ife
- Prof. Uchefula Chukwumaeze, Vice Chancellor, Imo State University
- Mr. Joseph Daudu (SAN)
- Mr. Joe Gadzama (SAN)
- Prof. Dakas Dakas (SAN), former Dean of Law, University of Jos
- Mrs. Miannaya Essien (SAN)
- Mr. Yakubu Maikyau (SAN), immediate past President of the Nigerian Bar Association
The court stated that their submissions would be made available to all parties before final determination of the matter.
- Advertisement -
Utomi Challenges Jurisdiction, Dismisses DSS Suit as Baseless
Responding to the DSS suit, Professor Utomi, through his lead counsel Chief Mike Ozekhome (SAN), filed a preliminary objection challenging the court’s jurisdiction.
Ozekhome argued that the DSS lacks statutory power under the National Security Agencies Act to interfere with constitutionally protected activities such as peaceful protests, civic expression, or the formation of political structures like shadow governments.
He cited Sections 39 and 40 of the 1999 Constitution, which guarantee freedom of expression and association. Utomi’s legal team maintained that the DSS suit was speculative and devoid of concrete evidence.
In a personally deposed affidavit, Utomi stated that the agency was acting on mere suspicion, seeking preemptive legal orders based on hypotheticals.
“This is a dangerous precedent that threatens the core of Nigeria’s democratic freedoms,” the affidavit read.
Background: DSS Labels Shadow Government a Threat
The DSS’s application followed media reports and public commentary by Utomi indicating plans to mobilize citizens and civil groups in response to what he termed “widespread governance failure.” The agency claims these activities could incite unrest and undermine state authority.
But Utomi insists the initiative is purely civic and lawful, arguing that forming a shadow cabinet or organizing peaceful rallies falls within his constitutional rights as a citizen and political actor.
Next Court Date Set for July 10, 2025
The case has been adjourned to July 10, 2025, for accelerated hearing of both the substantive matter and the preliminary objection.
As the legal battle unfolds, the court’s final ruling may set a significant precedent on the scope of national security powers in relation to civil liberties in Nigeria.
For updates on political and constitutional developments, visit TJ News Nigeria.
- Advertisement -
