Agabi writes AGF, SGF, DSS over dismissed ex-NIA DG

Kanu Agabi

A former Attorney-General of the Federation and Minister for Justice, Kanu Agabi (SAN), has called on the Federal Government to stop interfering with pending proceedings in the appeal filed by a formal acting Director-General of the National Intelligence Agency, Ambassador Mohammed Dauda, challenging his removal and dismissal.

Agabi, who is the counsel to Dauda, made the request in a letter dated January 1, 2022, sent to the AGF, Abubakar Malami (SAN), Secretary to the Government of the Federation, Boss Mustapha and the Department of State Service.

In the letter obtained by journalists on Thursday, which also copied the IGP and DG of the NIA, Dauda had, after his removal from office as the acting Director General and subsequent dismissal from service, challenged the same action at the National Industrial Court in Abuja.

He said that the NICN on October 15, 2020, adjudged the plaintiff’s dismissal from office as unlawful and ordered his immediate reinstatement.

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Agabi said the NIA and its present DG, not satisfied with the judgement, appealed to the Court of Appeal (Abuja Division) in Appeal No. CA/A/1009/2020.

He said, “In the prosecution of this appeal, the Appellants filed their brief of argument in response to which our client filed a respondent’s brief. Issues have now been joined in the appeal and same ripe for hearing.

“Prior to the determination of the substantive suit at the Industrial Court, the Appellants had earlier appealed against the interlocutory decision of the Court refusing to dismiss the case of our client in appeal number CA/A/1037M/2018 and briefs have also been filed and exchanged in respect thereto.

“In the circumstance, there are two appeals initiated against our client by the agency, both of which are still pending. As the Honorable Attorney-General is well aware, appeal does not stay execution and so the judgement of the Industrial Court is valid and subsisting and all authorities are required by law to give effect to the judgement.

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“There is no application for stay of execution but even if such an application were pending, it would not operate to our client in a position worse than he was before the delivery of the judgement in his favour.

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

“Arising from the above, we hereby appeal that the Honorable Attorney-General sees to it that the sanctity of the pending judicial process is 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 matters connected thereto.”

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