Alex Enumah in Abuja
A former Acting Director General of the National Intelligence Agency (NIA), Ambassador Mohammed Duada, wednesday approached the National Industrial Court, Abuja challenging his purported dismissal and praying the court to reinstate him.
In the originating summons filed on his behalf by his counsel, Kanu Agabi SAN and marked NICN/ABJ/136/2018, the DG, NIA and the NIA were joined as first and second defendants respectively.
Dauda in the suit is asking the court to determine whether the procedure adopted by the defendants in the process leading to his purported dismissal is compliant with Article 8(1) and (2) of the National Securities Agency Act (CAPS 278) 1986.
He 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 Senior Staff Disciplinary Committee 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 was not unlawful, null and void and of no effect whatsoever.
He, however, prayed the court that in the circumstance of affirmative answers to his questions, whether he is not entitled to be reinstated as Director of NIA.
He therefore prayed 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.
He also prays the court for a declaration that by 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 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 prayed for an order of court reinstating him as a Director and the Acting Director General of the NIA.
He 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 suit.
