The Department of State Services (DSS) said it was not interested in arresting the 2007 presidential candidate of the African Democratic Congress (ADC), Prof. Pat Utomi, or anyone over the shadow government being proposed by a group he leads.
Counsel to the DSS, Akinlolu Kehinde stated this on Wednesday shortly after filing a fresh application before the Federal High Court in Abuja for an interlocutory injunction restraining Prof Utomi from further commenting publicly or engaging in rallies in relation to the subject of 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.”
The counsel said the application was 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, the defendant has continued to make inflammatory statements capable of igniting chaos in the country.
The DSS accused of Utomi making such statements “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.”
He said the new application was mainly seeking an order of interlocutory injunction, restraining the Utomi, his agents, privies, associates, servants, workers or any person acting through him from staging road shows, rallies or public lectures or any form of public gathering.
The injunction also targeted restricting him from engaging in newspaper publications, television programmes, 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.”
DSS maintained 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.”
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