In connection with a lawsuit pending over Professor Pat Utomi’s alleged plan to establish a shadow government in the nation, Justice James Omotosho of the Federal High Court in Abuja has ordered the filing of court documents.
In the lawsuit, the Department of State Services (DSS) claimed that the proposed shadow government is both a grave violation of the Constitution and a threat to the current democratically elected government.
Akinlolu Kehinde, the DSS’s attorney, argued an ex parte motion to have Utomi, who was the sole defendant, be served with court documents at his Lagos address using courier service.
After that, the judge moved the hearing to June 25 so that Utomi is scheduled to file his defense.
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The DSS expressed concern that if a structure known as a “shadow government” were to be left unchecked, would cause inter-group tensions, and would encourage other unlawful actors or separatist groups to follow similar parallel arrangements, all of which posed a serious threat to national security.
The plaintiff claims that Utomi and his associates’ alleged “shadow government” or “shadow cabinet” is “unconstitutional and amounts to an attempt to establish a parallel authority that is not authorized by the Federal Republic of Nigeria, 1999 (as amended)”.
The DSS is also seeking a declaration that “any governmental body or organization that exists outside the terms of the provisions of the Federal Republic of Nigeria, 1999 (as amended) is unconstitutional, null, and void” under Sections 1 (1), 1 (2), and 14 (2) of the Constitution.
The plaintiff requests that the court grant an order of perpetual injunction to stop Utomi, his agents, and associates from “prompting any steps” in the direction of the establishment or operation of a “shadow government,” “shadow cabinet,” or any other similar entity that is not authorized by the Federal Republic of Nigeria, 1999 (as amended).
The plaintiff’s petition alleges that Section 1 (1) of the Constitution gives effect to all people and authorities in Nigeria, one of the grounds for that claim.
It added that Section 1(2) forbids Nigeria’s or any portion thereof from acting in accordance with the Constitution’s terms.
Section 14 (2Xa) of the DSS mandates that all of the government’s powers and authority come from the people of Nigeria, which is represented by the Constitution.
It contends that Utomi’s proposed shadow government is in violation of the aforementioned rules because it lacks constitutional authority and recognition.
The plaintiff further stated in a supporting affidavit that it is the Federal Republic of Nigeria’s principal domestic intelligence and security agency and that it is authorised to identify and stop threats to Nigeria’s internal security, including subversive activities that threaten national harmony, harmony, and constitutional order.
The DSS continued, noting that it is statutoryly able to safeguard Nigeria’s internal security and stop any threats to the Federal Republic of Nigeria’s and its affiliated institutions.
It claims that it has closely watched the defendant’s alleged announcement of the formation of a “shadow government” or “shadow cabinet,” which includes several members who make up its “minister,” through intelligence reports and open source material and public statements.
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The “shadow cabinet” or “shadow government” is an unregistered and unrecognised entity that claims to run as an alternative government. contrary to the amendments to the 1999 Constitution of the Federal Republic of Nigeria.
The defendant (Utomi) announced the creation of this body with the intention to contest the legitimacy of Nigeria’s democratically elected government, according to the statement.
According to the intelligence the plaintiff gathered, the defendant’s actions and statements can deceive certain sections of the Nigerian public, erode public trust in the elected government, and lead to public dissatisfaction.
Source: Channels TV
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