In the application filed on Wednesday through its counsel, Akinlolu Kehinde, SAN, the DSS prayed the court, presided over by Justice James Omotosho, to issue an interlocutory injunction restraining Utomi and his associates from staging road shows, rallies, public lectures, or engaging in any form of media outreach pending the determination of the substantive suit.

The Department of State Services (DSS) has filed a fresh application at the Federal High Court in Abuja, seeking to restrain Professor Pat Utomi from organising rallies or making public statements linked to his proposed “shadow government” initiative.

In the application filed on Wednesday through its counsel, Akinlolu Kehinde, SAN, the DSS prayed the court, presided over by Justice James Omotosho, to issue an interlocutory injunction restraining Utomi and his associates from staging road shows, rallies, public lectures, or engaging in any form of media outreach pending the determination of the substantive suit.

Utomi, a political economist and former presidential candidate of the African Democratic Congress (ADC), had earlier been dragged to court by the DSS over his alleged plan to establish a parallel governance structure in Nigeria — a move the agency described as an attack on the Nigerian Constitution.

The security agency said intelligence reports indicate that Utomi, currently abroad and expected to return on June 6, plans to engage in protests, road shows, and media campaigns upon his arrival — actions the DSS believes pose “a serious threat to public order, safety and national unity.”

“The proposed rallies are capable of drawing large crowds and creating civil unrest similar to the End SARS protests of 2020,” the DSS warned in a supporting affidavit, adding that such actions could potentially spiral into violence, leading to a breakdown of law and order.

Citing Utomi’s remarks at a recent public lecture at the University of Lagos, the DSS argued that his statements were aimed at undermining the pending legal proceedings concerning the “shadow government” case, marked: FHC/ABJ/CS/937/2025.

Justice Omotosho had earlier fixed June 25 for hearing the substantive matter.

Meanwhile, the DSS wants the court to urgently intervene to prevent any activity that could escalate tensions before the case is heard.

It stated that in the widely publicised statements across national newspapers and social media, Utomi defended the establishment of the alleged shadow government and declared that if the suit succeeds in favour of the DSS, he and his group would simply adopt a new name.

The agency further noted that Utomi had been served with the originating processes and had entered appearance through his counsel, Prof. Mike Ozekhome (SAN), since May 20, 2025.

“The defendant/respondent (Utomi) is aware of the pendency of this action before this honourable court as he has been served with the originating process in this suit by courier as ordered by this honourable court.

“Unless this honourable court intervenes by granting this application, the defendant/respondent’s acts may foist a fait accompli on the court.

“It is in the interest of justice, national security, and the rule of law for this honourable court to grant this application,” the DSS said.

However, shortly after filing a fresh application in court, the Department of State Services (DSS) legal representative, Kehinde, SAN, outlined the reasons behind the agency’s decision to seek judicial intervention.

“We, as counsel to the DSS, have just filed an application for an interlocutory injunction against the defendant and his group, pending the resolution of the substantive suit,” Kehinde stated.
He noted that the application, being a public document, is available at the registry of the honourable court.
“It is commendable that members of the fourth estate are closely monitoring this important case involving the formation of a so-called 'Shadow Government' by Prof. Pat Utomi and his associates.
“As you know, the civil action was initiated by the State Security Service (DSS) in line with its constitutional responsibility to maintain internal security and prevent any actions that may amount to insurrection or treasonable felony against the democratically elected government of Nigeria,” he explained.

Kehinde said the application was necessitated by Utomi’s continued inflammatory remarks, which could incite unrest, despite expectations that all parties before the court maintain the status quo pending the outcome of the case.

“Our client is asking the court to interpret the constitution on whether any alternative form of government — under any name — can be established outside of what is provided for by the constitution,” he said.

He further emphasised that the DSS is not seeking to arrest anyone, but has instead submitted itself to the court’s jurisdiction to determine the legality of the so-called ‘Shadow Government’ or any similar structure.

“It’s important to highlight that the DSS, under its current leadership, is a law-abiding institution with full confidence in the judicial process.

“Whenever it believes its statutory duties have been infringed or its personnel’s rights threatened, it will always seek redress through legal channels.

“Ultimately, we must all work to uphold constitutional democracy and the rule of law in Nigeria,” Kehinde added.