Prof. Pat Utomi
Professor Pat Utomi has urged the Federal High Court in Abuja to dismiss the suit filed by the Department of State Services (DSS) over his alleged plan to establish a “shadow government” in Nigeria.
Utomi, a Professor of Political Economy and Management Expert, argued that the DSS’s suit disclosed no reasonable cause of action and sought to criminalize constitutionally protected rights.
Utomi’s lawyer, Chief Mike Ozekhome, SAN, filed a preliminary objection, arguing that the suit was incompetent and lacked jurisdiction.
“The subject matter of the suit, being civic political engagement, shadow cabinet formation, and public policy discourse, does not fall within the statutory functions of the State Security Service,” Ozekhome said.
Utomi averred that the suit was speculative, hypothetical, and premature, seeking preemptive orders on mere suspicion without factual basis.
“The suit amounts to an abuse of court process, intended to muzzle the constitutionally guaranteed right to freedom of expression and political association,” he said.
Utomi also argued that the DSS lacked the requisite locus standi to institute the action.
“The claimant has not disclosed in the originating summons any concrete act or omission on the part of the defendant amounting to a breach of any known law or posing any clear and present danger to national security,” he said.
The DSS had sued Utomi, claiming that his planned “shadow government” was an attack on the constitution and intended to create chaos and destabilize the country.
However, Utomi’s counsel maintained that the suit was an attempt to suppress Utomi’s constitutionally guaranteed rights.
