The National Industrial Court (NIC), Abuja will from July 17, commence hearing in a suit filed by the sacked Acting Director General of the National Intelligence Agency (NIA), Ambassador Mohammed Duada, challenging his purported dismissal from office.
Dauda, in an originating summons filed through his counsel, Kanu Agabi (SAN), and marked NICN/ABJ/136/2018 joined the DG, NIA and the NIA as first and second defendants respectively.
The claimant, in the suit wants the court to squash his purported sack and consequently order his reinstatement to his duties at the NIA.
Counsel to the claimant, Peter Erivmode, at the resumed hearing Tuesday, 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 Anuwee, granted the defendants’ prayer seeking for the regularisation 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 in compliance 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 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 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 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.
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.
He 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 SSDC.
The claimant further asks the court to declare that the failure of the defendants to set up a competent SSDC 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 prays 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.
The matter has been adjourned till July 17, for commencement of hearing.
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