Shadow government: DSS acted within bounds — Legal expert

Legal and political figures have reacted strongly to the recent unveiling of a “shadow government” by former presidential candidate and professor of political economy, Pat Utomi, with some warning that the initiative may be unconstitutional and subversive.

Utomi recently announced the formation of the Big Tent Coalition Shadow Government, describing it as a “national emergency response mechanism” aimed at monitoring the performance of the federal government, identifying policy failures, and proposing alternative solutions across key sectors. According to Utomi, the coalition would serve as a civic accountability structure rather than a political threat.

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However, the Department of State Services (DSS) has since challenged the legality of the initiative in court, prompting widespread public debate.

Speaking on Arise News on Sunday night, prominent lawyer and Senior Advocate of Nigeria (SAN), Adeboro Adamson, commended the DSS for acting within the limits of its constitutional mandate and adopting a civil approach by seeking judicial interpretation rather than initiating criminal proceedings.

“The DSS has a mandate that includes the prevention of subversion, terrorism, and espionage.

“If someone sets up a body purporting to function as a shadow cabinet in a presidential democracy, it raises valid concerns under the law,” Adamson explained.

He noted that Nigeria operates a presidential system, not a parliamentary one where shadow governments are a recognized convention.

“The DSS views Utomi’s initiative as a possible act of subversion aimed at undermining a democratically elected government. By taking the matter to court rather than resorting to arrests or force, the DSS has chosen a civilised and commendable course,” Adamson added.

In a related reaction, Reno Omokri, a former aide to ex-President Goodluck Jonathan, went further by describing Utomi’s move as “treasonous.

“It is shocking that someone like Utomi, who served under President Shehu Shagari, would advocate for something so clearly at odds with our Constitution,” Omokri said.

Quoting Section 1(2) of the 1999 Constitution, he warned: “The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

“Forming a shadow government in a presidential democracy is not only unconstitutional – it is fundamentally undemocratic. You can’t try that in the United States or any other presidential system. The president is both the head of state and government, and there is no provision for an alternative structure outside the bounds of the Constitution,” Omokri argued.

While Utomi has insisted that his initiative is meant to strengthen governance through constructive oversight and civic engagement, legal and political analysts say the ongoing court challenge will be key in defining the boundaries of political activism under Nigeria’s constitutional framework.

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