Court to hear suit challenging sack of NIA’s acting DG, Dauda
By THE National Industrial Court (NIC) sitting in Abuja has fixed July 17, 2018, to hear the suit filed by the sacked acting Director General of the National Intelligence Agency (NIA), Ambassador Mohammed Dauda challenging his purported dismissal and praying the court to reinstate him.
Dauda in an Originating Summons marked NICN/ABJ/136/2018, filed through his counsel, Kanu Agabi (SAN), joined the DG of the NIA and the NIA as first and second defendants respectively.
At the resumed hearing on Tuesday, the case was mentioned and Counsel to Dauda, Peter Erivmode informed the court that the defendants just served on him their reply to the originating summons.
The defendants had filed a Preliminary Objection challenging the suit and further prayed the court for permission to regularise their papers.
The trial judge, Justice Olufunke Yemi Anuwee granted the defendants prayer seeking for regularization of their papers.
In the Originating Summons, the claimant is asking the court to determine whether the procedure adopted by the defendants in the process leading to his purported dismissal is compliance with Article 8(1) and (2) of the National Securities Agency Act (CAPS 278) 1986.
He also want the court to determine whether, in view of the extant provisions of Article 8(1) and (2) of the National Securities Act (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 Senior Staff Disciplinary Committee 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 his questions, whether he is not entitled to be reinstated as Director of NIA.
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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.
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 and asks 6or an order of court reinstating him as a Director and the Acting Director General of the NIA as well as payment of his salaries and entitlements from the period of his unlawful dismissal to the point of his reinstatement.
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