Professor Pat Utomi, the 2007 African Democratic Party presidential candidate, has branded a lawsuit reportedly filed by the Department of State Services (DSS) against his Big Tent Coalition Shadow Government as an “act of cowardice.”
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In a fiery response shared on Arise News’ News Night program, Utomi defended the coalition’s aim to propose alternative governance ideas and hold the government accountable, labeling Nigeria a “failed state” due to corruption, poor governance, and lack of accountability. The controversy has ignited a legal and political debate, with Senior Advocate of Nigeria (SAN) Debo Adamson arguing that the DSS is within its rights to seek judicial clarity on the shadow government’s legitimacy.
Utomi argued that citizens have a constitutional right to critique the government and offer policy alternatives, dismissing the DSS’s action as an attempt to stifle free expression. He suggested that the agency should focus on prosecuting politicians who defect from their elected party platforms, which he claims violates the constitution and warrants loss of seats, rather than targeting his coalition. “Instead of pursuing shadows, DSS should uphold the constitution on party defections,” Utomi stated, emphasizing Nigeria’s broader governance crises over what he sees as a misdirected lawsuit.
Debo Adamson, speaking on News Night, countered that while freedom of expression and assembly are guaranteed under the 1999 Constitution, these rights are not absolute. Citing Section 1(2), which mandates that Nigeria be governed only by a democratically elected government, Adamson questioned the legal basis for Utomi’s shadow government. “Under which law is the professor forming a shadow cabinet?” he asked, noting that the DSS, tasked with preventing subversion, views the coalition as potentially undermining a democratically elected government. Adamson praised the DSS’s civil approach, stating, “This is the civilized way of doing things,” as it seeks judicial interpretation rather than criminal charges.
The SAN argued that allowing such initiatives unchecked could set a precedent for destabilizing actions, drawing parallels to the escalation of groups like MASSOB and IPOB. “If this action generates a bandwagon effect, why can’t we nip it in the bud?” he said, urging the court to clarify whether Utomi’s actions align with constitutional provisions. He dismissed concerns about shrinking democratic space, asserting that the DSS’s lawsuit is not oppressive but a call for legal scrutiny.
Utomi’s supporters have mobilized approximately 500 lawyers to defend him, a move Adamson questioned for its practicality, humorously asking if a courtroom could accommodate such a number.
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