Erstwhile Attorney General of the Federation and Minister for Justice, Kanu Agabi, SAN, yesterday wrote the present AGF, Abubakar Malami, SAN, Secretary to the Government of the Federation and Department of State Service, calling for non interference with pending proceedings in the appeal filed by a formal acting director-general of the National Intelligence Agency, Ambassador M. Dauda challenging his removal and dismissal.
Agabi who is the counsel to Dauda in a letter dated January 11 and also copied IGP and DG, NIA noted that Dauda had following his removal from office as the acting DG and subsequent dismissal from service challenged the same action at the National Industrial Court, Abuja.
The learned silk added that the National Industrial Court on October 15, 2020, adjudged the plaintiff dismissal from office as unlawful and ordered his immediate reinstatement into the service.
According to the Agabi, the NIA and its present DG, being not satisfied with the judgement appealed to the Court of Appeal, Abuja division in Appeal No. CA/A/1009/2020.
The letter reads in part, ” 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 the 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 AGF is well aware, the appeal does not stay the 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. 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 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 NIA to compromise the personal liberty of our client on account of this appeals and or matters connected thereto.
“Arising from the above , we hereby appeal that the AGF, sees to it that the sanctity of the pending judicial process are 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”.
