The Federal High Court in Abuja has issued a stern warning to both the Department of State Services (DSS) and Professor Pat Utomi, urging all parties involved in the ongoing legal proceedings concerning the alleged formation of a “shadow government” to refrain from any actions that could compromise the integrity of the case.
Presiding Judge, Justice James Omotosho, delivered the caution during Wednesday’s resumed hearing of the suit marked FHC/ABJ/CS/937/2025, filed by the DSS against Professor Utomi. The judge emphasized that once a suit is pending before the court, all parties are legally bound to maintain the status quo and avoid steps that could render the court’s eventual decision ineffective.
The DSS, represented by Senior Advocate of Nigeria (SAN) Akinlolu Kehinde, had raised concerns about recent developments suggesting that Professor Utomi might be taking steps related to the shadow government initiative despite the ongoing litigation. In response, Justice Omotosho declined to issue an interlocutory injunction but reiterated that any such actions would be considered unlawful and could be voided by the court.
In a move underscoring the national significance and legal novelty of the case, the court has invited seven eminent legal minds—including former Nigerian Bar Association presidents and law professors from across the country—to serve as amici curiae (friends of the court). Their expert opinions are expected to guide the court in navigating the complex constitutional questions raised by the suit.
Professor Utomi, through his counsel Chief Mike Ozekhome (SAN), has filed a preliminary objection challenging the court’s jurisdiction and describing the DSS’s claims as speculative and lacking legal foundation.