• President Tinubu should rein in DSS, says George
• It is a huge test for democracy, CUPP declares
• It’s treasonable- Olasope
• Constitution doesn’t allow parallel governing structures, says ex-DSS chief
• No illegality, DSS merely overzealous, say Ojo, Okorie

Nigerians have called on the Directorate of State Security (DSS) to respect the boundaries of multi-party democracy, stressing that political schemes should be separated from serious plots against the country’s sovereignty.

The Department of State Services (DSS) recently sued the convener of the Big Tent political action group, Professor Pat Utomi, over what the Secret Police claimed was a plan to establish “a shadow government” in the country in a bid to create chaos and destabilise the country.

In the suit, filed on May 13, 2025 and registered in the records of the Federal High Court as FHC/ABJ/CS/937/2025, the DSS is seeking the court’s declaration that the move by Utomi was an attack on the constitution.

According to the motion filed by Akinlolu Kehinde SAN, on behalf of the DSS, the plaintiff averred that action of the defendant, who was a former Presidential contender on the platform of African Democratic Congress (ADC), Utomi, constituted a grave attack on the constitution and a threat to the current democratically elected government.

Although the case was yet to be assigned to a trial judge, the DSS had argued that allowing such a structure, styled as a “shadow government,” may “incite political unrest, cause inter-group tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which would pose a grave threat to national security.”

Riled by the legal action instituted by the DSS, stakeholders weighed in on the various implications of the action, noting that since there was no establishment of police or coercive bodies, the so-called Shadow Government does not pose any security risks to the country.

Citing the DSS legal action as a huge test to democratic values, the National Secretary of Coalition of Political Parties (CUPP), Mr Peter Ameh, said that Service’s decision to drag Professor Utomi to court over his proposal to form a shadow government raises serious concerns about the state of democracy and human rights in Nigeria.

Ameh stated: “Prof. Utomi’s actions are a legitimate exercise of his fundamental right to freedom of expression and association. In a democratic society, citizens have the right to express their opinions and participate in public discourse.

“The formation of a shadow government can be seen as a form of political critique and oversight, which is essential for holding those in power accountable.

“The DSS’s actions can be perceived as an attempt to stifle dissenting voices and limit the space for public debate. This is worrisome, as it undermines the principles of democracy and human rights.”

The CUPP scribe asserted that Utomi’s proposal for a shadow government may be seen as a way to provide an alternative perspective and critique the current government’s policies.

“This is a legitimate form of political engagement and a fundamental aspect of democratic participation. The court should see the importance of protecting the fundamental rights of Prof. Utomi and ensure that the DSS’s actions do not infringe on his freedom of expression and association.

“Fundamentally, the outcome of this case will have significant implications for the state of democracy and human rights in Nigeria,” he added.

Former Deputy National Chairman of the Peoples Democratic Party (PDP), Bode George, cautioned President Bola Tinubu over the suit, urging the President not to handle Utomi’s case in the same manner that the late Prime Minister, Tafawa Balewa, dealt with Chief Obafemi Awolowo.

The PDP chieftain questioned the rationale behind the DSS’s litigation against Utomi over political matters, “especially since he did not seize any radio or television stations to announce a parallel government.”

He declared, “What the professor talked about was a shadow government. He doesn’t even have a registered political party—so what exactly is the DSS talking about?”

Describing the Secret Police’s legal action as ‘laughable,’ a legal practitioner Ige Asemudara, said: “It reflects a lack of political education at high levels of government. It shows the government is afraid of its own shadow. It is clearly intimidated by the possibility of strong opposition,” he said.

Asemudara continued, “In many democracies around the world, opposition parties often form shadow governments. This is not only to challenge the ruling party, but also to prepare for real governance. It enables the opposition to simulate governance and offer alternatives.”

He questioned the DSS’s motives: “Do they want the court to declare opposition illegal? What a country. Is Pat Utomi not a well-known opposition figure and ideological leader? Aren’t the members of his shadow cabinet also respected individuals? Instead of focusing on actual threats to national security, the DSS is pursuing an embarrassing lawsuit.”

He recalled how Professor Utomi had previously formed several organisations aimed at holding governments accountable, not to overthrow them, but to ensure public officeholders act in the national interest.

“One such initiative was the Patito’s Gang, a program where credible Nigerians voiced their views on governance and national development.”

Asemudara, therefore, urged the DSS to reconsider the case, saying, “It would be honourable for the DSS to withdraw this suit. They should focus on covert intelligence operations rather than public spectacles.

“The Presidency should also invest in the political education of DSS officers before we face bigger shocks.”

Speaking in the same vein, Elder statesman, Dr Chekwas Okorie, criticised the legal action against Professor Utomi’s shadow government, calling it “an unprovoked act of panic.”

Okorie stated that the absence of a vibrant and proactive opposition in Nigeria likely motivated Professor Utomi and his associates—eminent and well-meaning Nigerians—to establish a shadow government to provide constructive criticism and raise public awareness of democratic rights.

While emphasising that Professor Utomi and his team are protected under the Nigerian Constitution, which guarantees freedom of association and speech, Okorie observed that Utomi’s action makes sense,“since they do not control any registered political party through which they can offer their noble and patriotic service to the nation.”

A former Chief of Staff to the late Governor Abiola Ajimobi and Professor of Political Science, University of Ilorin, Gbade Ojo, said: “Whether under the parliamentary or presidential system, there is nothing wrong with what Pat Utomi has done.

“He has not committed any illegality. It has no legal backing. It has no police, and it has no power. It is just for the fun of it. DSS is just being overzealous by inviting him. The government should just preoccupy itself with governance, otherwise, it will suffer a legitimacy crisis and lose its goodwill outright.”

Also, berating the DSS for finding time for civil litigation, a human rights activist, Peter Mazi, said, though, the DSS has the legal authority to investigate and prosecute threats to national security, “such power must be exercised with clear evidence and within the bounds of democratic norms.”

He contended that the idea of suing Prof. Pat Utomi appears more political than security-related, especially when no act of violence or insurrection is alleged.

“The legitimacy of the DSS’s action is questionable unless it can prove that actual laws were broken,” he surmised.

As to whether the DSS is protecting democracy or witch-hunting opposition, Mazi stated: “The action seems more like a case of witch-hunting. Democracies thrive on dissent, alternative ideas, and robust opposition.

“A shadow government, in many democratic settings, is a legitimate political tool used to hold those in power accountable. Branding this as subversive is an alarming overreach and a direct attack on political pluralism.

Mazi noted that unless the DSS can prove that Prof. Utomi’s group is engaging in treason or incitement to violence, then this is a constitutionally protected political activity.

“There is no explicit constitutional provision that criminalises the formation of a shadow government. In fact, Section 39 of the Nigerian Constitution guarantees freedom of expression and association,” he stressed.

On the implications of the litigation on Nigeria’s democracy and the lead-up to the 2027 polls, Mazi urged political parties to remain resolute, lawful, and strategic.

“They should unite in defence of democratic values, engage in civic education, and form stronger alliances with civil society and the media. It is also vital to document and challenge state overreach in courts and on global platforms. The struggle for a vibrant democracy must not be abandoned out of fear.

“This action could set a dangerous precedent. It signals that dissent and opposition politics are now potential grounds for state persecution.

“As we head toward the 2027 elections, such actions could suppress political participation, shrink civic space, and stoke fear among critical voices. Ultimately, this undermines the credibility of Nigeria’s democracy and fuels apathy or unrest.”

As the strings of public disapproval of the DSS legal action continued, experts in the security sector as well as the human rights community, thumbed down the secret service for allegedly attempting to silence Utomi through legal action.

They said that the DSS’s action raises concerns about freedom of speech and the role of security agencies in Nigeria.

For instance, a Certified Protection Officer, Frank Oshanugor, decried as a hasty and undemocratic move the action of taking Professor Pat Utomi to court over his intention to form a shadow government.

Oshanugor noted that Utomi’s proposal was not a call to arms, but rather a democratic effort to provide constructive opposition to government policies, remarking that “as a democrat that he is, his intention is clearly to fill the vacuum left by the apparent collapse of opposition parties in Nigeria.”

He highlighted the recent wave of defections from the two main opposition parties- the PDP and the Labour Party (LP) into the ruling All Progressives Congress (APC), warning that the trend risks turning Nigeria into a de facto one-party state.

“In such a scenario, the APC government would be operating without adequate checks and balances, which is fundamentally undemocratic. Utomi’s shadow government proposal is an attempt to offer an alternative voice,” Oshanugor contributed.

Further, he criticised the DSS’s stance, describing it as a form of witch-hunt and a display of double standards, adding: “If Utomi’s initiative, which is essentially a ‘talk shop’ with no military force, is seen as a national security threat, then the same scrutiny should be applied to political defectors, who undermine the constitution.”

Oshanugor cited instances where elected officials switched parties without relinquishing their mandates and called for consistency in upholding the constitution and national security.

“The DSS should focus on those with pending corruption cases who pose a real threat to national stability, not individuals like Utomi, unless there is proof of plans to topple the government,” he argued.

The security expert warned against allowing national security institutions to be manipulated to dabble in political ends, urging the DSS to remain impartial and professional in the discharge of its duties.

Nonetheless, the Human Rights Writers Association (HURIWA) sharply criticised the DSS for instituting legal action against a citizen-led group monitoring government activities.

Describing the move as “a waste of taxpayers’ money” and a “misuse of state apparatus,” HURIWA’s National Coordinator, Comrade Emmanuel Onwubiko, said the DSS may have overstepped its constitutional role by targeting citizens engaged in peaceful, patriotic oversight of governance.

“The DSS is dead wrong to go to court to waste public funds fighting a citizen whose only offence is bringing together patriotic Nigerians to monitor governance. Their core duty is to safeguard Nigerians, not to suppress dissent,” Onwubiko said.

Citing persistent insecurity across the country, HURIWA questioned the DSS’s effectiveness in combating terrorism and violent crime and therefore, demanded answers on why terrorist masterminds such as Turji Bello and others continue to evade arrest.

“Why has the DSS not deployed intelligence to stop terrorist attacks? Why have known terrorists not been apprehended? Their failure in this regard is part of why insecurity has escalated nationwide,” Onwubiko stated.

HURIWA also rejected the notion that citizen-led shadow monitoring infringes on democratic principles, insisting that it is protected under Chapter 4 of the Nigerian Constitution, which guarantees freedoms of peaceful assembly and information.

“Shadow governments are not new; they exist in the UK and form part of parliamentary democracy models. What the DSS is doing by stifling dissent is a mark of dictatorship, not democracy,” he stated.

The group called on the DSS to redirect its energy toward curbing terrorism, banditry, and violent crimes by non-state actors, rather than harassing citizens expressing divergent views.

Also, security expert, Christopher Oji, observed that the DSS was now assuming the role of an attack dog of any government in power.

“The agency meddles into any matter, even a trivial issue that doesn’t concern them. It is shameful that a progressive like Pat Utomi is arrested because he said he would form a shadow government. A shadow government is just like an opposite government, scrutinises government policies and brings alternative solutions.

“The formation is apt as there is nothing like an opposition party in Nigeria, as the country is drifting towards a one-party system. Shadow government does not infringe on the government, but will point out government illegalities. The DSS is making this government look like a military government where the constitution has been suspended and opposition silenced.

“The DSS is quick to jump at law-abiding citizens instead of dealing with criminals. How many times have you heard that DSS busts high-profile crime? The Service should, as a matter of urgency, allow Utomi to go and stop playing politics. It should leave politics alone and do its core duty of intelligence, and stop harassing innocent people”, Ojo added.

However, Mr. Dipo Olasope (SAN) said Utomi had committed treason for forming a shadow government, adding, “Nobody has the right to form any parallel government. It is a treasonable felony. The DSS has the right to invite him. It is in charge of internal security and to prevent anything that may affect the government of the day.”

Also, a former Director of DSS, Dennis Amachree, noted that the secret police action was in line with the law.

Amachree held: “Professor Pat Utomi’s plan to form a “Shadow Government” in Nigeria has legitimately prompted legal action from the Department of State Services (DSS). This initiative raises serious constitutional concerns, as Nigerian law, particularly the 1999 Constitution (as amended), does not accommodate parallel governing structures.

“Section 1(1) establishes the Constitution as the supreme law, rendering any conflicting actions void, while Section 2 defines the established framework of government.

“Furthermore, such an endeavour could be interpreted as a threat to national security and public order. The Nigerian presidential system differs significantly from the UK’s parliamentary system, which includes a recognised “Shadow Cabinet.

“Therefore, the DSS, in its role of safeguarding national security, is acting within its purview to challenge Professor Utomi’s proposal.”