Nigeria’s political atmosphere has become increasingly tense following a dramatic move by the Department of State Services (DSS) to sue Professor Pat Utomi over the creation of a shadow government. The legal battle highlights growing concerns over the limits of political opposition and the interpretation of constitutional authority in Nigeria.
Utomi’s Announcement and the Big Tent Coalition
On May 5, 2025, Pat Utomi, a well-known political economist and academic, unveiled a virtual initiative called the Big Tent Coalition Shadow Government. According to him, this formation was designed to offer a credible alternative voice to President Bola Tinubu’s administration. Built around democratic ideals, the coalition aimed to serve as an opposition platform that could engage the government critically while promoting good governance.
The DSS Reacts with a Lawsuit
Shortly after Utomi’s announcement, the DSS responded by filing a lawsuit at the Federal High Court in Abuja. The security agency claimed that Utomi’s formation of a shadow government violates the 1999 Constitution of Nigeria and could pose a threat to national security. The DSS stated that the move could incite unrest, deepen political divisions, and encourage illegal or separatist groups to create parallel power structures.
Court Grants Leave for Substituted Service
Justice James Omotosho of the Federal High Court set June 25, 2025, for the first hearing in the suit. This came after DSS counsel Akinlolu Kehinde filed a motion seeking permission to serve the court documents on Utomi via courier to his Lagos address. The court granted the request, acknowledging the agency’s difficulty in serving Utomi directly.
Why the DSS Says the Shadow Government Is Illegal
The DSS’s case centers on its interpretation of the Constitution, citing sections that it believes prohibit the establishment of any alternative governmental structure. The agency insists that no entity outside the official framework can assume the functions of a government. By establishing roles like ministers and policy spokespersons in the shadow government, the DSS believes Utomi’s coalition oversteps its bounds.
Utomi Defends Democratic Principles
Professor Utomi, however, stands firm on his position. He argues that the shadow government is not intended to replace the official government but rather to mirror it for the sake of accountability. He believes a functioning democracy thrives on checks and balances, and his initiative provides a much-needed voice in Nigeria’s increasingly one-sided political environment. He also accused the DSS of acting undemocratically by attempting to shut down dissenting voices.
Shadow Governments in Other Democracies
Globally, shadow governments are a familiar concept in mature democracies, particularly in parliamentary systems. In the United Kingdom, for example, the opposition routinely forms shadow cabinets to track government performance and present alternative policies. These structures do not wield power but offer informed critique. Utomi’s proposal seems to align with this model, although Nigeria’s presidential system differs in structure and expectations.
Reactions from the Public and Political Circles
The public response has been divided. Supporters of Utomi praise the initiative as a bold effort to hold the government accountable. They argue that Nigeria’s democratic process needs revitalization, and a shadow government could help push for better governance. Critics, however, view it as a reckless and potentially dangerous move. They believe it sends mixed signals to the public and could weaken faith in the democratic process.
Legal Experts Weigh In
Legal analysts remain split over the DSS’s interpretation of the Constitution. Some believe Utomi’s actions fall within the bounds of political expression and do not violate any laws. Others suggest that creating a structured, publicly announced shadow government without constitutional recognition treads a fine line that may indeed challenge the legitimacy of existing institutions. The court’s interpretation will set a critical precedent for what is permissible in Nigerian political opposition.
What the DSS Wants from the Court
The DSS is asking the court for a clear ruling that deems the shadow government unconstitutional. The agency wants a perpetual injunction issued against Utomi and his collaborators, barring them from taking further steps toward establishing or operating any body resembling a government structure outside constitutional authority.
The Broader Implications for Nigeria’s Democracy
This case could prove pivotal in shaping Nigeria’s democratic future. A ruling in favor of the DSS might limit how far opposition figures can go in expressing dissent or organizing alternatives. On the other hand, if the court sides with Utomi, it could open the door to more organized and institutionalized forms of opposition in Nigerian politics. Either way, the decision will influence how democratic engagement unfolds in the years ahead.
Awaiting the Court’s Judgment
As the court date approaches, many observers await a legal interpretation that could clarify the boundaries between civic activism and constitutional authority. For now, the nation remains in suspense as a landmark case tests the resilience and flexibility of its democratic framework.
