Shadow govt: Court picks September 29 for judgment in DSS’ suit against Pat Utomi

The 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 announced the date on Thursday after hearing submissions from the parties involved, including input from seven amici curiae (friends of the court) invited to provide independent opinions.

Counsel for the DSS, Akinlolu Kehinde (SAN), argued that Utomi had no constitutional backing to create a shadow government, describing it as a move aimed at undermining Nigeria’s democratic system.

Kehinde contended that, regardless of the sentiments expressed by Utomi and his supporters, no group has the right to form any structure or organisation that challenges or seeks to override the authority of the legitimate government.

He added, “The right to express one’s freedom is granted, but there is a limitation where the exercise of such right brings tension against the government of the day.

“We must not allow the cat to get out of the cage before chasing it,” he said, noting that the potential danger of such action was grave.

Kehinde said, “We know how Boko Haram started, and even IPOB. We must not wait for crisis to happen before we act.”

He urged the court to dismiss Utomi’s preliminary objection because the DSS brought the suit based on its constitutional rights.

Responding, Utomi’s lawyer, Professor Mike Ozekhome (SAN) urged the court to dismiss the suit.

Ozekhome said what the plaintiff sought to do was 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 dehumanised slaves over 500 years ago, to chain Nigerians.”

He told the court not to accept such because it had the effect of promoting a totalitarian government.

“The court should not allow it so that democracy will not go down the drain,” he said.

He questioned why the DSS should be afraid of an initiative launched virtually, which aimed to serve as a credible opposition to the current administration.

According to him, it focuses only on scrutinising government actions, policies and proffering solutions in sectors such as law, education, etc., and they are saying it is to overthrow the government.

Ozekhome said the shadow government is only made up of like-minded individuals and an ombudsman.

“It does not have a legislature, executive, ministers or judiciary like Nigeria or the United States,” he said.

He said that there are crimes like kidnapping, banditry, terrorism, which the country should focus on as criminal offences.

He submitted that since the security outfit is only afraid of the term “shadow government” without evidence, he said the suit is a waste of time.

“They are trying to criminalise an ordinary shadow government. No Nigerian has proved to the plaintiff that he (Nigerian) is confused, so there is no evidence that the group will cause a crisis,” Ozekhome said.

In his opinion, one of the amici curiae, Joseph Daudu (SAN) said the issue with the “shadow government” was not about what they had done, but the nomenclature.

PUNCH