Former NIA DG Writes Malami, Seeks Enforcement Of Court Judgement

A former Acting Director General of the National Intelligence Agency, NIA, Ambassador M. Dauda has asked the Attorney- General of the Federation and Minister of Justice, Abubakar Malami SAN, to restrain agencies under his purview from harassing him over a subsisting National Industrial Court judgement in his favor.

His lawyers, Kanu G. Agabi & Associates, stated in a letter to the AGF that even though their client was sacked, he was reinstated by an order of the NIC.

“Following the removal from office of Our Client as the Acting Director General
of the National Intelligence Agency and his subsequent dismissal from
service, he challenged those actions taken against him at the National Industrial
Court, Abuja.

“On October 15, 2020, the National Industrial Court adjudged Our Client’s dismissal from office as unlawful and ordered his immediate
reinstatement into the service,” the letter dated January 11 obtained by our correspondent, partly reads.

Nevertheless, the law firm noted that the judgement was appealed by the NIA and the matter is still pending before the appellate court.

“Dissatisfied with the decision of the National Industrial Court, the National Intelligence Agency and its Director General (Appellants), appealed to the Court of Appeal, Abuja Division in Appeal No. CA/A/1009/2020.

“In 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 is ripe for hearing.

“Prior to the determination of the substantive suit at the National lndustrial Court, the Appellants had earlier appealed against the Interlocutory Decision of the Court refusing to dismiss the case of Our Client and Briefs have also been filed and exchanged in respect thereto,” the letter read.

Agabi’s firm argued that though there are two appeals initiated against its client by the National Intelligence Agency both of which are still pending, it does not mean that the judgment of the National Industrial Court is no longer valid.

The firm contended that until judgement is passed on the appeal, the law gives effect to the NIC judgment.

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

“Despite the pendency of the two appeals at the instance of the National
Intelligence Agency, the Nigerian Media Space is consistently 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 hereby appeal that the Honourable Attorney Generel 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 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,” the letter stated.