The Department of State Services (DSS) is not interested in arresting anyone over the shadow government being proposed by a group led by the 2007 presidential candidate of the African Democratic Congress (ADC), Patrick Utomi, the agency’s lead counsel, Akinlolu Kehinde (SAN), has said.
The senior lawyer made the declaration on Wednesday shortly after filing a fresh application before the Federal High Court in Abuja for an interlocutory injunction restraining Utomi from further commenting publicly or engaging in rallies related to a suit pending against him over his announced plan to establish a shadow government in the country.
Kehinde, who spoke with journalists, said, “Our client is not interested in arresting anybody on this matter, having on its own accord submitted itself to the jurisdiction of the honourable court to interpret the Constitution and determine the legality or otherwise of the ‘shadow government’ or any other nomenclature that it may be so named.
“It must be pointed out that our client, under its current leadership, is a very civilised organisation with absolute confidence in the rule of law and that is why its leadership or any of its personnel will always approach the court of law whenever it feels that there is any infraction on its statutory duties by anyone or the rights of its personnel, like the case instituted against SERAP by some of its personnel, is being compromised. Let the court have the final say.
“Gentlemen, we must all ensure that constitutional democracy and the rule of law have its way in Nigeria.
“It is good that, as members of the fourth estate of the realm, you keep watch over the case filed against the formation of the ‘Shadow Government’ by Pat Utomi and his group.
“The civil suit, as you are aware, was filed by the State Security Service (SSS) in consonance with its statutory mandate of ensuring internal peace and avoidance of any form of insurrection and treasonable felony against the democratically elected government in the country.
“We, as counsel to the SSS, have just filed an application seeking an interlocutory injunction against the defendant and his group pending the determination of the substantive suit.
“The application, being a public document, can be obtained from the registry of the Honourable court.”
He continued, “The application is premised on the fact that despite the pendency of the substantive action, the service of same on the defendant and the entry of appearance to same by his counsel, Mike Ozekhome, SAN, the defendant has continued to make inflammatory statements capable of igniting chaos in the country instead of abiding by the hallowed principle that civilised parties before the court are expected to maintain the status quo pending the determination of the substantive matter.
“What our client has submitted to the court is for the interpretation of the Constitution, whether any form of government by whatever nomenclature can be formed or allowed outside the Constitution,” Kehinde said.
The new application seeks mainly “an order of interlocutory injunction restraining the defendant/respondent (Utomi), his agents, privies, associates, servants, workers or any person acting through him from staging road shows, rallies, public lectures or any form of public gathering, newspaper publications, television programs, jingles or any other public enlightenment programme(s) aimed at sensitising, instigating, propagating or in any way promoting the purported “shadow government/shadow cabinet” or its objectives or goals with the view to establishing the said “shadow government” pending the hearing and determination of this substantive suit.”
The grounds for the application include that, if not restrained, Utomi’s proposed rallies, road shows and actions “constitute a serious threat to the public order, safety and national unity of the Federal Republic of Nigeria”
