The sacked acting Director
General of the National Intelligence Agency, NIA, Mohammed Dauda on Wednesday
approached the National Industrial Court, NIC, sitting in Abuja challenging his
purported dismissal by the Buhari government.
Mr Dauda in an Originating Summons
filed through his counsel, Kanu Agabi, SAN, and marked NICN/ABJ/136/2018,
joined the DG, NIA and the NIA as first and second defendants respectively.
He is asking the court to
determine whether the procedure adopted by the defendants in the process leading
to his purported dismissal is in compliance with Article 8(1) and (2) of the
National Securities Agency Act (CAPS 278) 1986.
Mr Dauda also wants the court to
determine whether in view of the extant provisions of Article 8(1) and (2) of
the National Securities Ac (CAPS 278) 1986, retired Directors of NIA are
competent to sit as members in the Senior Staff Disciplinary Committee, SSDC,
and if not, whether the failure of the Defendants to set up a competent SSDC to
look into the allegation levied against him constitutes a violation of his
constitutional right to fair hearing?
The claimant equally asks the
court to determine whether the purported letter dismissing him issued by the
defendants on March 6, 2018, is not unlawful, null and void and of no effect
whatsoever.
He, however, prays the court
that, in the circumstance of affirmative answers to the questions above,
whether he is not entitled to be reinstated as Director of NIA.
He, therefore, prays the court
for a declaration that the procedure adopted by the defendants in the process
leading to his dismissal falls 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.
Mr Dauda also prays the court for
a declaration that by the virtue of the provisions of Articles 8(1) and (2) of
the National Securities Agency Act (Cap 278 LFN) 1986, retired Directors and
former members of the NIA are not competent to sit as members in the Senior
Staff Disciplinary Committee.
The claimant further asks the
court to declare that the failure of the defendants to set up a competent
Senior Staff Disciplinary Committee to look into the allegations levied against
him is a violation of his constitutional right to fair hearing.
Also, he wants the court to
declare that the purported letter of his dismissal issued by the defendants on
March 6, 2018, is unlawful, null and void and of no effect whatsoever.
He, therefore, prays for an order
of court reinstating him as a Director and the Acting Director General of the
NIA.
No date has been fixed for the
hearing of the matter.
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