Shadow Govt: SANs, Center, HURIWA, Others Laud DSS’ Civility, Call for Emulation

Alex Enumah in Abuja

Some senior lawyers in the country, including civil society groups have commended the Department of State Service (DSS) for the high level of civility with which it handled the issue of the planned “Shadow Government”, considered to be a threat to the peaceful administration of the country.

In an exclusive interview with THISDAY Newspapers, the respondents described the conduct of the service as novel and a departure from the past where security agencies usually resort to arbitrary arrest and detention of persons suspected of threatening the peace of the country.

Recall that a Federal High Court had last month declared as unconstitutional the planned establishment of a “Shadow Government” by a former presidential candidate, Prof. Pat Utomi and some other persons.

Justice James Omotosho, who faulted the move by Pat Utomi and his associates, subsequently restrained them from taking any further steps in the establishment of the shadow government.

The order was sequel to a suit filed by the DSS, wherein the secret police claimed that Utomi and co were planning to establish a shadow government that would operate alongside the federal government, stating that if allowed to come into being would cause chaos insurrection against the government of the day.

However, Nigerians are commending the decision of the service to approach the court of law to restrain the proponents of the parallel government, rather than using brute force to tackle the situation.

Speaking with THISDAY Newspapers, lawyers, rights activists and security analysts, observed that despite having the powers to arrest, detain and charge the proponents to court for criminal trial, the DSS chose the other way of litigation, which according to them averted a clash that would have rattled the current peace in the country.

Commenting on the issue, the President of the Center for Socio-Legal Studies (CSLS), Prof. Yemi Akinseye-George, SAN, stated the civil approach adopted by the DSS in challenging Prof. Utomi’s planned ‘shadow government’ in a court of law, is unusual but highly commendable.

He said, “The leadership of the DSS acted wisely and constitutionally in having recourse to the court of law. This is consistent with the principle that government agencies are equally subject to the laws of the land as ordinary citizens. That approach has improved the perception of the DSS in the eyes of the public.

While urging other security agencies to follow this example, he added that those who do not agree with the judgment can proceed to the Appeal Court.

“These developments show that our democracy and the culture of civil engagement is growing. We also commend Prof Utomi and his group for not taking the laws into their hands.

“Their compliance with the judgment is not a sign of timidity but of responsibility and respect for the rule of law which exists to protect us all”, he added.

Similarly, a security expert, Mr. Chidi Omeje, in his response said that the decision by the DSS to go to court is the best way to go, because we are in a democracy and all Nigerians including security operatives must behave within the context of democracy; giving people the right to hold their views and take some actions without being bullied or arrested.

“The idea of going to court is commendable and I think that should be how we can strengthen our democratic relations and by that citizens will now have the confidence that our security agencies are law abiding, lawful and follow due process.

“So, I commend that decision by the DSS to take them to court and we all heard what the court decisions are that the planned shadow government is not permitted by law. Pat Utomi and co will now see that the DSS has not breached their rights because the action of the DSS was by the due process of law.

“I want other security agencies even the military to take a cue from that. Court is the ultimate thing to resort to, not arrest and persecution, not intimidation, not blackmail, not brute force…ordinarily you will think Utomi and co were right but the court has said otherwise, so they either appeal the judgment of the court or comply. It is commendable and I think we need to emulate it”, Omeje urged.

In his own contribution, National Coordinator of the Human Rights Writers Association of Nigeria (HURIWA), Comrade Emmanuel Onwubiko, commended the Director General of the DSS, Oluwatosin Ajayi, for introducing some new policies that emphasizes respect for the rule of law, rather than resort to self-help or brute force to enforce some of their decisions.

“I think this is a very good step rather than to arrest someone, detained the person and waste a lot of time trying to gather evidence that may not be available.

“This modality of using the court to get the proper interpretation of steps they intend to take against persons they perceived may have run afoul of the law is the most acceptable way of governing the secret police.

“It is quite encouraging and what is important is that the DSS codify some of these directions into a document that will guide operatives and officers of the DSS going forward”, the HURIWA boss said.

He accordingly called for the sustenance of the act in addition to the practice of apologizing over errors committed in the arrest of some citizens, including the payment of compensation as it is happening under the current leadership.

Onwubiko also observed that following the ruling against Utomi there was calm whereas, unrest and chaos would have been everywhere if the DSS had arrested and detained Utomi and his supporters.

While also commending the DSS for taking similar step of going to court in the case of another presidential candidate of the African Alliance Congress, (AAC) and publisher of SaharaReporters, Mr Omoyele Sowore, who was alleged to have called the president unprintable names, Onwubiko charged the DSS’ boss to ensure that the new mode of operation is sustained in the coming years.

In his own contribution, Mr. George Ibrahim, SAN, also commending the DSS’ gesture remarked that, “it is not in everything you make arrest and begin to heat up the polity.

Ibrahim stated that the decision of the DSS to approach the court shows it is an organization that is ready to follow due process and obey the rule of law.

“Being security operatives does not make you behave like charlatans, all the time arresting, intimidating and violating people’s rights.

“So DSS has set a model roadmap for every security agency to follow with the way they handled the shadow government issue. They went to court because it is a novel matter, it has never happened in the history of the country, to seek whether a shadow government can operate side by side with the government of the day.

“That is a very commendable thing they have done, some other persons would have gone for arrest because, they will alleged treasonable felony and what have you but, when they got wind that this is what they are trying to create; a parallel government that will directly influence the people against the government of the day, they decided to go to court.

“Like I said before, it is a novel approach, it is an approach that should be commended by all and I encourage every security agency to toe this line”, Ibrahim said.

Besides, the senior advocate pointed out that it is not every issue that should be escalated, when such issues can be handled in a modest way and the same results can still be achieved.

He argued that if proponents of the shadow government refused to heed to the admonition of the court that what they are trying to do is illegal and began to manifest some recalcitrant conduct, then it would be appropriate for the DSS to get them arrested.

“But the way they are handling it is very good, and I will not hesitate in saying that other security agencies should emulate them”, he added.

Similarly, Mallam Ahmed Raji, SAN, stated that the DSS has set a new standard of operation for other security operatives to emulate.

Raji just like Akinseye-George also stated that kudos should be given the judiciary for the quick resolution of the case.

“We should commend the SSS for the civil approach and the judiciary also deserves commendation for the guidance. All other security agencies should learn some lessons from the excellent approach by the SSS.

Reverend John Baiyeshia, SAN, also lauded the security agency for its new approach in tackling issues, noting that this approach is not just the right way to go but one that should be sustained and emulated by others.

 Baiyeshia noted that the DSS had all the powers and apparatus to clamp down on the proponents of the shadow government but chose to leave the matter to the court to resolve.

Recall that the DSS had sued Utomi over his planned establishment to set up a shadow government/ cabinet in the country.

According to the service, the move was not only unconstitutional but capable of creating chaos in the country, hence the court should restrain him and his associates from going ahead with their plans.

Delivering judgment in the suit marked: FHC/ABJ/CS/937/2025, the judge commended the DSS for filing the suit, adding that it was within the powers of the security agency to take steps to prevent acts capable of threatening the nation’s internal security.

Justice Omotosho upheld the argument by DSS’ lawyer, Akinlolu Kehinde, SAN, that the move by Utomi and his associates to form a shadow government/cabinet was intended to create chaos and destabilise the country.

Omotosho in addition agreed with the plaintiff that, not only is the planned shadow government an aberration, it constitutes a grave attack on the Constitution and a threat to the democratically elected government that is currently in place.

He held that such a structure, styled as a shadow government/cabinet, if left unchecked, may incite political unrest, cause intergroup tensions, and embolden other unlawful actors or separatist entities to replicate similar parallel arrangements, all of which pose a grave threat to national security.

Justice Omotosho held that although the defendant is entitled to enjoy the rights to freedom of expression and to associate, such rights are not absolute.

Besides, the court observed the defendant although claimed to be running a civil society organisation, his decision to form a shadow government is a nullity.

According to Omotosho there are existing avenues through which people could criticise the government, which the defendant could explore, but not to take unconstitutional steps, like forming shadow government/cabinet.

Justice Omotosho also faulted the forum adopted by Utomi and his associates, noting that the Big Tent Limited, a limited liability company under which the defendant claimed to be operating cannot be used as a vehicle for political purposes as was done in this case.

He said should Utomi and his associates wish to set up a platform to criticise and monitor the government, they should either form a political party or join existing one, not to use a limited liability company for political purposes.

The judge subsequently made an order declaring the purported shadow government/cabinet being planned by Utomi and his associates as unconstitutional and amounts to an attempt to create a parallel authority not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

He also declared that under Sections 1(1), 1(2) and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is unconstitutional, null, and void.

Omotosho further made another order of perpetual injunction, restraining Utomi, his agents and associates “from further taking any steps towards the establishment or operation of a shadow government, shadow cabinet or any similar entity not recognized by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).