Alex Enumah in Abuja 

Justice James Omotosho of the Federal High Court, Abuja, on Wednesday ordered accelerated hearing in the suit filed by the Department of State Services (DSS) against the ‘Shadow Government’ proposed by Prof. Pat Utomi.

The judge’s decision was sequel to a move by the plaintiff to avoid a situation where the respondent’s action could negatively affect the proceedings.

Meanwhile, the court warned parties in the suit to desist from acts that may jeopardize the outcome of the suit.

According to Justice Omotosho, it is the position of the law that once parties are aware of the pendency of a suit, 

they ought to refrain from any further steps that could render its outcome nugatory.

While stating that there are always consequences for any party who engages in such unlawful conduct, he warned that his court would not hesitate to void any steps taken by any of the parties during the pendency of the case.

Utomi, a former presidential candidate of the African Democratic Congress (ADC), is the sole defendant in the suit marked: FHC/ABJ/CS/937/2025 and filed by the DSS.

At the commencement of Wednesday’s proceedings, the plaintiff’s lawyer, Akinlolu Kehinde (SAN), sought an order for the maintenance of status quo, claiming that there have been new developments since the suit was filed.

Although the defendant’s lawyer, Mike Ozekhome (SAN), objected to Kehinde’s oral application for status quo, but the  judge held that such order was unnecessary since parties were all aware of the pendency of the suit.

Justice Omotosho, who said he would not grant any interlocutory restraining orders, granted accelerated hearing and elected to hear the main suit together with the preliminary objection raised by the defendant.

Meanwhile, Omotosho disclosed that he has extended invitations to seven senior lawyers, drawn from the six geo-political zones, to act as ‘Amici Curiae’, to furnish the court with their legal opinions on the case.

He said his decision to seek opinions from seasoned law experts was because of the novel nature of the suit, in respect of which there are no known previous decisions.

The judge identified those invited to include former President of the Nigerian Bar Association (NBA), Joseph Daudu (SAN), Prof. Ademola Popoola of the Obafemi Awolowo University, and the Vice-Chancellor of the Imo State University (IMSU), Prof. Uchefula Ugonna Chukwumaeze.

Others are Prof. Dakas C. J. Dakas (SAN), former Dean, Faculty of Law, University of Jos; Joe Kyari Gadzama (SAN),  Mrs. Miannaya Essien (SAN) and a former President of the NBA, Yabubu Maikyau (SAN).

Justice Omotosho said lawyer to parties would be served with the opinions of the amici curiae to enable them react.

He then adjourned till July 10 for hearing of the substantive suit and the preliminary objection.

The secret service, by the suit, is praying for “an order of interlocutory injunction, restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programmes, jingles or any other public enlightenment programme(s) aimed at sensitizing, instigating, propagating or in any way promoting the purported ‘shadow government/shadow cabinet’ or its objectives or goals with the view to establishing the said ‘shadow government’ pending the hearing and determination of this substantive suit”.

The applicant informed the court that the proposed rallies, road shows and actions by the defendant “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria”.

The DSS added that as the agency statutorily empowered to safeguard the internal security of the country and prevent any threats to lawful authority of the Federal Republic of Nigeria and its constituent institutions, it was incumbent on it to forestall any threat to public order, safety and national unity.