Former Attorney General of the Federation and Minister for Justice (AGF), Mr. Kanu Agabi, SAN, has written AGF Abubakar Malami, SAN, SGF Boss Mustapha and Department of State Service (DSS) soliciting non- interference with pending proceedings in the appeal filed by a formal acting Director-General of the National Intelligence Agency (NIA), Ambassador M. Dauda challenging his removal and dismissal from office.
Agabi, counsel to Dauda, in the letter dated January 11 and copied to IGP and DG, NIA, noted that Dauda had, following his removal from office as the acting Director-General and subsequent dismissal from service, challenged the action at the National Industrial Court, Abuja, adding that the National Industrial Court on October 15, 2020, adjudged the plaintiff’s dismissal from office as unlawful and ordered his immediate reinstatement in the service .
According to the Agabi, the NIA and its present DG, being not satisfied with the judgment, had 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 ripe for hearing,” Agabi’s letter read, in part.
“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 judgment of the Industrial Court is valid and subsisting and all authorities are required by law to give effect to the judgment. 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 judgment 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 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 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.”