DSS logo and Prof. Pat Utomi
Federal High Court in Abuja has fixed September 29 for judgment in a suit filed by the Department of State Services (DSS) against Professor Pat Utomi over his alleged plan to establish a “shadow government” in Nigeria.
Justice James Omotosho fixed the date after hearing submissions from the DSS’ counsel, Akinkolu Kehinde, SAN; Utomi’s lawyer, Chief Mike Ozekhome, SAN; and the invited amici curiae (friends of the court).
*“Shadow Government Aims to Subvert Democratic Rights” – DSS*
The DSS alleged that Utomi’s plan to establish a “shadow government” is meant to subvert its democratic rights. “The plaintiff believes the shadow government is meant to subvert its democratic rights,” Kehinde said.
He argued that no group is allowed to establish any organization against the authority of the government. “We must not allow the cat to get out of the cage before chasing it,” he said.
*“Criminalizing Civic Engagement” – Utomi’s Lawyer*
However, Ozekhome disagreed, saying the suit is an attempt to seal the lips of Nigerians from speaking against the present government.
“They are trying to hand my lord strong chains, stronger than those that dehumanized slaves over 500 years ago, to chain Nigerians,” he said.
Ozekhome argued that the “shadow government” is only a group of like-minded individuals and an ombudsman, without a legislature, executive, or judiciary.
“It does not have a legislature, executive, ministers or judiciary like Nigeria or the United States,” he said.
*Amici Curiae Opinions*
The court invited several eminent experts in the legal profession to advise on the suit.
Some of the amici curiae expressed concerns about the potential implications of the “shadow government.”
Joseph Daudu, SAN, said the issue is not about what the group has done, but the nomenclature. “It is about what the people think when such a government is mentioned,” he said.
Gadzama, SAN, argued that the suit is premature and that the court should not stifle the enthusiasm of the people in exercising their rights and expression.
The court has adjourned the matter until September 29 for judgment.
