By Ikechukwu Nnochiri
ABUJA – The National Industrial Court, NIC, sitting in Abuja, on Tuesday, slated October 12 to deliver judgement in a suit the former Acting Director General of the National Intelligence Agency, NIA, Mr. Mohammed Duada, filed to challenge his sack by the Federal Government.
Justice Olufunke Yemi Anuwee reserved judgement on the matter after all the parties adopted their final briefs of argument.
The ex-NIA boss had in an Originating Summons he filed through his team of lawyers led by a former Attorney General of the Federation, Mr. Kanu Agabi, SAN, prayed the court to void his sack and reinstate him back to the office.
Cited as 1st and 2nd defendants in the suit marked NICN/ABJ/136/2018, were the current DG of the NIA, as well as the agency itself.
The claimant asked the court to determine whether the procedure adopted by the defendants in the process leading to his purported dismissal from office, was in compliance with Article 8(1) and (2) of the National Securities Agency Act (CAPS 278) 1986.
He urged 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.
More so, Dauda asked the court to determine whether the purported letter that was issued by the defendants on March 6, 2018, which dismissed him, is not unlawful, null and void and of no effect whatsoever.
Upon determination of the legal questions in the affirmative, the claimant 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.
A declaration that by th 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.
A declaration that 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.
As well as a declaration 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 further wants the court to order the payment of his salaries and entitlements from the period of his unlawful dismissal to the point of his reinstatement.
However, the defendants, through their lawyer, Mr. Wale Adesokan, SAN, queried the competence of the suit, insisting that the ex-NIA boss did not follow the condition precedent before filing his action.
Adesokan argued that the claimant did not exhaust all the internal provisions for settlement of dispute.
He equally submitted that the NIA as an organization has President Muhammadu Buhari as its Principal.
The defendants contended that the claimant’s failure to join President Buhari as a party in the matter, rendered the suit incompetent.
They urged the court to strike out the action for lacking in merit.