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Appeal Court grants NIA leave to challenge reinstatement of director

By Olalekan Awojodu
Abuja

The application of the National Intelligence Agency (NIA) where it appealed the judgment of the National Industrial Court which ordered the reinstatement of dismissed former Acting Director General of the Agency, Ambassador Mohammed Dauda, as a substantive director has sailed through.

A three-member panel of Justices of the Court of Appeal led by Justice Hussein Mukhtar gave the ruling in Abuja on Wednesday.

The Agency had applied to the court to file its appeal against the judgement of the Industrial Court a week after the judgement was delivered and to also deem the appeal duly filed and served.

The panel held that the NIA, by seeking leave of the court to file outside the time allowed to file an appeal after judgment was delivered by a trial court had, fulfilled the requirements as contained in order 6 Rule 9(1)(2) of the court.

According to the court, the ground of the appeal shows that the appeal must be heard and also added that, “The reliefs of the appellant is deemed as properly filed and served.

“The application is meritorious” and ordered that the notice of appeal filed earlier on October 19, 2018 was deemed as properly filed and served,” the Court held further.

Justice Husseini held in the ruling that the appeal by the NIA is now ripe for hearing and directed the appellant to apply administravely to the President of the court for a hearing date.

Recalls that the National Industrial Court, Abuja Division had, in a judgement delivered on October 4, 2018, ordered that Amb. Mohammed Dauda, be reinstated as a substantive director in the agency.

Dauda, who was sacked on March 6, 2018, was also awarded a compensation of N1 million.

In an originating summons filed through his counsel, Kanu Agabi (SAN) and marked NICN/ABJ/136/2018, Dauda asked the court to determine whether the procedure adopted by the defendants in the case leading to his purported dismissal was in compliance with Article 8(1) and (2) of the National Securities Agency Act (CAPS 278), 1986.

Justice Olufunke Anuwe, in her judgement, granted all reliefs sought by the claimant and declared that Dauda’s disengagement was illegal, null and void, ordering his immediate reinstatement.

The judge also ordered full payment of his salaries and entitlements from the date of his purported dismissal.

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