Professor Pat Utomi is facing legal action from the Department of State Services (DSS) following his establishment of a shadow government aimed at providing an opposition to President Bola Tinubu's administration. The DSS filed a suit at the Federal High Court in Abuja, alleging that Utomi's actions constitute an attempt to usurp presidential authority and pose a threat to national security and constitutional order. The DSS seeks a court declaration that Utomi’s actions are illegal and wants a permanent injunction against establishing such bodies.

Utomi has responded to the DSS lawsuit by dismissing the allegations and affirming his commitment to democratic principles and civic accountability. He described the legal action as an attempt to stifle freedom of expression and bully civilized expression of difference, calling it an act of cowardice. Utomi has garnered support from across Nigeria, with some individuals offering to assemble 500 lawyers to defend him against the DSS. He said he is being galvanised by the show of support from across Nigeria.

The 'Big Tent Coalition Shadow Government', launched on May 5, is intended to serve as a credible opposition, critiquing policies and providing alternative solutions. It is composed of various professionals and public figures, with Dele Farotimi overseeing the ombudsman and good governance portfolio. The shadow cabinet also includes a Policy Delivery Unit and a Council of Economic Advisers. The government and the All Progressives Congress (APC) have criticized the initiative.

Utomi referenced his past involvement in pro-democracy efforts during the Sani Abacha regime, recalling a conference on Nigeria’s democratic future at St. Leo’s in Ikeja, Lagos. He compared his stance to that of global freedom icons and expressed his willingness to face potential consequences, stating he would not go into hiding and would submit himself if necessary. Utomi said he is willing to surrender to the DSS and is prepared for any outcome, including potential arrest.

The DSS maintains that intelligence reports indicate Utomi’s actions present a clear and present danger to national stability and that efforts to discourage Utomi had been ignored. Former presidential candidate Omoyele Sowore criticized the shadow government initiative as lacking impact but supported efforts to draw attention to Nigeria’s socio-political issues.