News - January 14, 2022

Ex-NIA boss asks Malami to intervene in pending legal ordeal over sack

By Bassey Udo

Despite two court judgments pending execution in his favour, a former Acting Director General, National Intelligence Agency (NIA), Mohammed Dauda, has petitioned the Attorney General of the Federation, Abubakar Malami, to intervene and forestall acts capable of compromising his fundamental liberties.

Following his removal from office on March 6, 2018, Dauda challenged his subsequent dismissal as the acting DG of the NIA at the National Industrial Court, alleging victimisation.

He said his dismissal contravened the procedures spelt in Section 8 of the National Securities Act.

On October 15, 2020, the National Industrial Court, after reviewing his application declared actions taken against him as unlawful, and ordered his immediate reinstatement to office.

However, the NIA and its DG rejected the ruling of the National Industrial Court and filed an appeal against it at the Court of Appeal in case No. CA/A/1009/2020.

After a review of the appeal filed by the NIA and its DG, along with the response by Dauda, the court rejected the grounds of appeal and upheld its judgment earlier.

Prior to the determination of the substantive application filed by Dauda, the NIA and its DG had also filed and appeal against the interlocutory decision of the court to dismiss the case.

Dauda filed an appeal No. CA/A/1037M/2018, which is still pending execution, along with the previous ruling. Also, there is no application for stay of execution before the court

In a petition to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, Dauda appealed for his intervention in case, to ensure his rights were not ttampled upon.

The petition on his behalf dated January 11, 2022 was written by Kanu G. Agabi, a senior Advocate of Nigeria (SAN), of Kanu G. Agabi & Associates.

Titled “Appeal for Non-Interference with pending proceedings in appeal Nos. CA/A/1037M/2020 & CA/A/1009/2018 – Director General of the National Intelligence Agency & Anor vs Ambassador M. Dauda”, Daudu prayed the AGF to ensure the NIA did take any action that would compromise his personal liberty on account of the pending appeals and any matter related to it.

“Arising from the above, we hereby appeal that the Honourable Attorney General sees to it that the sanctity of the pending judicial processes are not compromised by the National Intelligence Agency acting either by itself, or through any of iys sister agencies, by arresting, or attempting to arrest, or by whatever means compromising the personal liberty of our client on account of these appeals and matters connected thereto,” counsel to Dauda said in the petition.

Copies of the petition were sent to the Secretary of the Government of the Federation; DG, NIA; DG, Department of State Services ans the Inspector General of Police.

The former NIA acting helmsman said the petition became necessary following media reports that there were plans by security operatives to arrest him and compromise his personal liberty.

“Despite the pendency of the two appeals at the instance of the National Intelligence Agency, the Nigerian media space is awash with news reports suggestive of attempts by the National Intelligence Agency to compromise the personal liberty of our client on account of these appeals and/or matters connected thereto.

“Arising from the above, we therefore appeal that the Honorable Attorney General sees to it that the sanctity of the pending judicial processes are not compromised by the NIA acting either by itself or through any of its sister agencies by arresting, attempting to arrest or by whatsoever means compromising the personal liberty of our client on account of these appeals and or matter connected thereto,” Agabi said in the petition.

He noted that despite the favourable judgments by the National Industrial Court in favour of Dauda, he was yet to be reinstated by the NIA.

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