DSS’ Suit Against My Shadow Government Is An Abuse Of Court Process – Pat Utomi

Pat Utomi

Prof. Pat Utomi has urged the Federal High Court in Abuja to strike out the suit filed by the Department of State Services (DSS) over his alleged plan to establish a shadow government in the country.

He recently made the application as the court begins hearing the suit today.

According to him, the DSS’s suit revealed no justifiable cause of action within the contemplation of the enabling statute of the security outfit — the National Security Agencies Act, Cap N74, Laws of the Federation of Nigeria, 2004.

He added that the lawsuit is an obvious abuse of court process, and the clear lack of regard for the judiciary should not be tolerated.

His words, “The reliefs sought by the plaintiff/respondent seek to criminalise constitutionally protected rights to freedom of expression, association, and political participation contrary to Sections 39 and 40 of the 1999 Constitution (as amended).

The suit amounts to an abuse of court process, is speculative, incompetent, inchoate and lacks any legal foundation.

That the suit amounts to an abuse of judicial process intended to muzzle the constitutionally guaranteed right to freedom of expression and political association.

That the claimant has not disclosed in the originating summons any concrete act or omission on the part of the defendant amounting to a breach of any known law or posing any clear and present danger to national security.

That the suit as presently constituted is an attempt to use civil proceedings to achieve objectives which, if any, ought to be pursued under established statutory processes with clear legal thresholds and procedural safeguards.

That the claimant has failed to demonstrate any justiciable grievance entitling it to the discretionary reliefs of this honourable court.

That it is in the interest of justice to have this honourable court determine the preliminary objection before any further steps are taken in the substantive matter.

That this honourable court will best promote the ends of justice and prevent an abuse of its process by striking out or dismissing this suit for want of jurisdiction.”

WOW.