Sacked NIA acting DG challenges his dismissal, wants court to order his reinstatement

Daily Nigerian
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DG NIA, Mohammed Dauda
DG NIA, Mohammed Dauda

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 and praying the court to reinstate him.

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.

Mr Dauda is also praying the court for an order for the payment of his salaries and entitlements from the period of his unlawful dismissal to the point of his reinstatement.

No date has been fixed for the hearing of the matter.