A former acting Director General of the National Intelligence Agency (NIA) Mohammed Dauda, who was sacked from office, on Wednesday filed a suit before the National Industrial Court sitting in Abuja, asking the court to reinstate him to his former position. Dauda, a director of the agency before he became the acting head from November 2017, was reportedly dismissed from the agency through a letter dated March 6, 2018.
But in his suit filed on his behalf by his counsel, Chief Kanu Agabi (SAN), a former Attorney-General of the Federation and Minister of Justice, Dauda faulted the procedure adopted in dismissing him. He joined the Office of the Director-General of NIA and the NIA itself as first and second defendants respectively. In the suit marked NICN/ABJ/136/2018, Dauda contended that the procedure adopted by the defendants in the process leading to his purported dismissal failed to comply with Article 8(1) and (2) of the National Securities Agency Act (CAPS 278) 1986.
He also asked to hold that in view of the extant provisions of Article 8(1) and (2) of the National Securities Ac (CAPS 278) 1986, the retired Directors of NIA were not competent to sit as members in the Senior Staff Disciplinary Committee which investigated the matter against him. He argued that the failure of the defendants to set up a competent Senior Staff Disciplinary Committee to look into the allegation levied against him constituted a violation of his constitutional right to fair hearing.
He asked the court to determine whether the purported letter dismissing him issued by the defendants on March 6, 2018 was not unlawful, null and void and of no effect whatsoever. He specifically urged the court to hold that the procedure adopted by the defendants in the process leading to his dismissal fell short of the provisions of Articles 8(1) and (2) of the National Securities Agency Act (Cap 278 LFN) 1986 and is null and void.
He argued that “in the circumstance” of the case he was entitled “to be reinstated as Director of NIA and Acting Director-General of NIA”. He also prayed the court for an order directing that he be paid his salaries and entitlements from the period of his unlawful dismissal to the point of his reinstatement. The court has yet to fix a date for the hearing.
