Why is the DSS afraid of Pat Utomi’s shadow government – Jibrin Ibrahim

By Jibrin Ibrahim

MaTaZ ArIsInG
Dallas, Texas

Although I have been a student of political science for over fifty years, I still often get surprised by the way in which security agencies take extremist positions in reading political criticisms of the regime in power. When my good friend Pat Utomi announced the decision of the big tent opposition group to set up a shadow government to monitor and track governance as well as ensuring that the necessary electoral reforms take place to ensure the 2027 elections are free, fair and credible, my reaction was, and still is, that it’s a brilliant initiative to place greater scrutiny on the twin tracks that could consolidate democratic governance – tracking of policy implementation and ensuring a level playing ground for democratic practice. If I were heading the DSS, I would have sent a note of commendation to Pat Utomi.

What did the Department of State Services (DSS) do; they threatened him and filed an application at the Federal High Court in Abuja, seeking to restrain Patrick Utomi from making public statements or organising rallies relating to the proposed shadow government in Nigeria.In the application, filed on Wednesday by a team of lawyers led by Akinlolu Kehinde, Senior Advocate of Nigeria, the DSS accused Utomi of plotting to usurp the executive authority of President Bola Tinubu through what it described as unlawful and subversive activities disguised as civic engagement. The DSS has a large number of political scientists in-house who know that the said President Tinubu came into power because over three decades, he continuously bombarded succeeding administrations with criticisms over their policy failures, formed political parties and coalitions and on countless occasions was an arrow head in protests and demonstrations. Their intelligence analysis should therefore have been what is good for comrade Tinubu is good for comrade Utomi. Nigeria progressed from military dictatorship to multiparty democracy precisely because the Tinubus and Utomis of the country ceaselessly organised a series of policy analysis and reviews, set up broad front organisations, organised protests, demonstrations, media engagements, and public sensitization efforts aimed at democracy building. The outcome was not inciting  aimed public unrest and threatening  national stability, it was democratic consolidation.

The DSS should therefore not have asked the court to issue an interlocutory injunction preventing Utomi, his associates, or any representatives from conducting rallies, public lectures, media campaigns, or any form of gathering that would advance the shadow government agenda pending the determination of a substantive suit already before the court. The said activities are legal, constitutional and beneficial to democracy building and should be applauded. Their claim that Utomi’s actions could lead to widespread riots and endanger lives and property is a figment of their imagination.
The idea that the concept of a shadow government initiative is a threat to democracy has no basis in fact. In the British system, the idea is that the government is accountable to the people and the opposition party by scrutinising each government ministry, department and agency and pointing out inadequacies and insufficiencies provides information that citizens can use to make the determination on whether to support or oppose the government of the day. One of the main reasons that explains the poor governance records in Nigeria is that opposition criticisms are too general and non-specific. It does not provide enough empirical basis for performance monitoring of the government’s leadership. Introducing a citizen-focused monitoring team is therefore a very positive development.
I am glad that while speaking to reporters, Kehinde, counsel to the DSS said that they are not seeking to arrest anyone but has chosen to rely on legal channels to resolve what it views as a constitutional matter. He described the DSS as a “civilized” and “law-abiding” institution that respects judicial authority and will continue to operate within the bounds of the law. Excellent! This is the position that pushed me into this response. To make real their claim to being civilised and law-abiding places an obligation on them not to restrain Pat Utomi from “making any further public comments or participating in rallies related to a suit pending against him regarding his declared intention to establish a shadow government in the country.” The Constitution is very clear that we have freedoms of speech, association, assembly, and yes, the rights to protest. That’s at the core of our system of constitutional democracy and the rule of law.

The main argument of the DSS is that establishing a shadow government is an attempt to illegally usurp President Bola Tinubu’s executive powers. They cannot seriously say that a shadow government is the same thing as a government. The proposed Big Tent Shadow Cabinet is a good governance advocacy group that is actually focused on policy analysis and for comprehensive electoral reforms in the country. The group specifically demands that the 2022 Electoral Act be amended to ensure mandatory electronic voting and transmission of election results. The group also advocates for a constitutional amendment to promote regional autonomy, ensure local government independence, and address marginalisation, inequality, and exclusion issues in Nigeria’s political system.

As they noted in a recent press conference: “We note that the 2022 Electoral Act has ambiguities and loopholes that were exposed during the 2023 general election, such as uncertainty regarding the stage for comparing physical copies of results and electronically transmitted results. Reforming these laws can help prevent electoral disputes and ensure clarity in the electoral process.” The group is also advocating for increased autonomy for the Independent National Electoral Commission (INEC) to improve its impartiality in election administration.

The DSS needs to roll back it’s normative cloak that reduces opposition to the government of the day as the pathway to political strife and instability. As Pat Utomi returns to the country from his foreign tour, I urge the DSS to understand his engagement in opposition politics as a legitimate and positive drive for the development and consolidation of Nigerian democracy. Be like me, join the Pat Utomi fan club.

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