BY TONY EZIMAKOR and VIVIAN MICHAEL, ABUJA

The Department of State Service (DSS) has declared its civil disposition, especially under the present leadership of the agency, assuring that it has no intention whatsoever to arrest anyone over the shadow government being proposed by the ‘Big Tent Shadow Cabinet’ group led by the 2007 presidential candidate of the African Democratic Congress (ADC), Prof. Patrick Utomi.

The agency’s lead counsel, Akinlolu Kehinde (SAN), made the declaration on Wednesday shortly after filing a fresh application before the Federal High Court in Abuja for an interlocutory injunction restraining Utomi from further commenting publicly or engaging in rallies in relation to the subject of a suit pending against him over his announced plan to establish a shadow government in the country.

The senior lawyer, who addressed journalists in Abuja, said the agency, having submitted to the jurisdiction of the court over the matter, is not interested in taking extrajudicial steps on the shadow government issue.

“Our client is not interested in arresting anybody on this matter, having on its own accord submitted itself to the jurisdiction of the honourable court to interpret the Constitution and determine the legality or otherwise of the ‘shadow government’ or any other nomenclature that it may be so named.

“It must be pointed out that our client, under its current leadership, is a very civilized organization with absolute confidence in the rule of law and that is why its leadership or any of its personnel will always approach the court of law whenever it feels that there is any infraction on its statutory duties by anyone or the rights of its personnel like the case instituted against SERAP by some of its personnel, is being compromised. Let the court have the final say.

“Gentlemen, we must all ensure that constitutional democracy and the rule of law have its way in Nigeria.

“It is good that as members of the fourth estate of the realm you keep watch over the case filed against the formation of “Shadow Government” by Prof. Pat Utomi and his group.

“The civil suit, as you are aware, was filed by the State Security Service (SSS) in consonance with its statutory mandate of ensuring internal peace and avoidance of any form of insurrection and treasonable felony against the democratically elected government in the country.

“We, as counsel to the SSS have just filed an application seeking interlocutory injunction against the defendant and his group, pending the determination of the substantive suit.

“The application, being a public document can be obtained from the registry of the Honourable court.

Kehinde said the current application is premised on the fact that “despite the pendency of the substantive action, the service of same on the defendant and the entry of appearance to same by his counsel, Mike Ozekhome, SAN, the defendant has continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilized parties before the court are expected to maintain the status quo pending the determination of the substantive matter.

“What our client has submitted to the court is for the interpretation of the Constitution whether any form of government by whatever nomenclature can be formed or allowed outside the Constitution,” Kehinde said.

However, and despite the pendency of the suit filed by the DSS, the group led by Prof. Utomi had at its recent meeting in Lagos, moved to push their agenda to the parliament to form part of the impending electoral and constitutional amendments and reforms being proposed for adoption by Nigerians ahead of the 2027 general elections.

These reforms, the group said, will address structural issues, such as the concentration of power in the federal government, which it observed is suffocating subnational entities.

Prof. Utomi, who addressed the forum in Lagos, said, “The Cabinet recognises that constitutional amendments matter significantly today because they offer an opportunity to address the country’s numerous challenges and strengthen our democracy.”

He said amending the constitution may restructure the country and promote regional autonomy, address sentiments of marginalisation and inequality, and allow for local government autonomy.

In a communiqué issued at the end of the meeting, the group agreed that “The Big Tent Shadow Cabinet also recognises that the nation’s electoral law reforms matter now because they can significantly impact the country’s democratic growth, stability, and integrity of elections.”

It noted that the 2022 Electoral Act has ambiguities and loopholes that were exposed during the 2023 general elections, such as uncertainty regarding the stage for comparing physical copies of results and electronically transmitted results.

Reforming these laws, it said, can significantly help prevent electoral disputes and ensure clarity in the electoral process.

Consequently, as a responsible opposition, recognising the critical importance of electoral reforms and constitutional amendments in strengthening the beleaguered democracy, the group said it remains committed to promoting transparency, accountability, and inclusivity in electoral processes.

It said, “The legal status of INEC’s regulations, guidelines, and manuals are unclear, and the commission’s independence needs to be safeguarded.”

“Electronic Voting: We support the adoption of electronic voting systems to enhance transparency, reduce electoral malpractices, and increase efficiency.”

“Making electronic transmission of results mandatory can enhance transparency and reduce disputes, and clarifying the role of technology in results management can improve the electoral process.”

“Voter Registration: We recommend a continuous voter registration process, ensuring all eligible citizens can exercise their right to vote.”

“Enhancing Voter Identification: Expanding voter identification means can improve the electoral process. This can include using driver’s licences, international passports, national identity cards, or electronically downloadable voters’ cards.”

On issues requiring constitutional amendments, the group urged state police to allow states to have more control over their security and law enforcement.

Kehinde who justified the present application, maintained that if Utomi and his group are not halted, they would be foisting a fait accompli in court.

According to him, the new application seeks mainly, “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 programs, 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 grounds for the application include that, if not restrained, Utomi’s proposed rallies, road shows and actions “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria. ”

The SSS 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.

It stated that before it filed the substantive suit, marked: FHC/ABJ/CS/937/2025 Utomi had, through public statements, social media and other platforms engaged in statements and actions aimed at undermining the outcome of the case now pending before the court, and which he is aware of.

The plaintiff added, in a supporting affidavit, that Utomi’s intention “is to stage road shows and rallies that are capable of drawing a large number of Nigerians with intent that will cause huge disruption of peace, breakdown of public order, enable riots and violent protests just as the recent “End SARS” protests in 2020.

“All the planned protests, riots and agitations that will ensue, if the purported actions of the defendant/respondent are not stayed, may lead to mayhem with a potential for anarchy, toss of lives and property.

“The proposed rallies, road shows and actions of the Defendant/Respondent constitutes a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria.”

The SSS stated that on May 26, during the fourth edition of the Topaz Lecture Series, themed “Shadow Government: A Distraction or Necessity”, hosted by the University of Lagos (UNILAG) Mass Communication Class of 1988 Alumni Association, Utomi made statements, capable of undermining the pending suit.

It added that the statements, widely publicized by various national newspapers and on social media platforms, Utomi defended the creation of the purported shadow government and further stated that if the suit succeeds in favour of the SSS, himself and his group shall adopt a different name.

The SSS added that Utomi “has been served with the originating process in this suit and has entered appearance vide his Counsel Prof. Mike Ozekhome (SAN) since 20 May, 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 SSS said.