Appeal Court Affirms NICN Judgement Reinstating Former NIA Boss

Abuja Division of the Court of Appeal has affirmed the judgement of the National Industrial Court, which had reinstated the former Director General, National Intelligence Agency, Mohammed Dauda.

It would be recalled that Justice Olufunke Anuwe of the National Industrial Court had ordered the reinstatement of Dauda as the DG of the National Intelligence Agency.

The Court after finding out that Dauda’s dismissal fell short of the NIA Act, also ordered that he be paid salaries and entitlements from March 2018, till date.

Justice Anuwe held that under the agency’s rule, the appropriate committee to investigate disciplinary cases against management staff is the management staff disciplinary committee, “not the special management staff disciplinary committee”.

Not satisfied with the decision of the Industrial Court, the NIA headed to the appellate court to seek redress.

Delivering judgement on the appeal on Thursday, the presiding judge, Justice Peter Ige held that the evidence leading to the dismissal of Dauda was “frivolous and lacking in merit”.

The Judge also resolved all the contentious issues against NIA in favour of Dauda who is a respondent in the suit.

More so, the appeal panel ordered that Dauda’s salaries and entitlements since the day of dismissal from office be paid to him.

The appellate court also awarded the cost of N1 million in favour of Dauda, and against the NIA.

“The respondent should be allowed to retire in service in accordance with the stipulated laws.

“There is no evidence before the court that shows that the respondent has constituted any risk or breached any law.

“The appellant appeal is hereby dismissed for lacking in merit and the Industrial Court judgment is hereby affirmed” Justice Ige ordered.

Recall that the former NIA boss was the head of the security agency from November 2017 to January 2018, before he was unceremoniously replaced by an aide to president Muhammadu Buhari.

Apparently miffed by his removal, Dauda challenged the action of NIA management in court, arguing that his dismissal from service did not follow due process and was wrongful.

Dauda contended that in contravention of the law, no special management staff of the disciplinary committee was set up to investigate the charges against him and that he was not given any fair hearing in the process that led to his oyster from the NIA.