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Ex-NIA DG: Agabi writes AGF, others, urges non-interference in judicial process

A former Attorney- General of the Federation (AGF) and Minister of Justice, Kanu Agabi, (SAN), yesterday, wrote the current AGF Abubakar Malami, (SAN), Secretary to the Government of the Federation, and Department of State Service, (DSS) calling for non-interference with pending proceedings in the appeal filed by a former acting Director-General of the National Intelligence Agency, Amb 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 director-general 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, judged the plaintiff’s dismissal from office as unlawful and ordered his immediate reinstatement into the service. According to Agabi, the NIA and its present DG, being not satisfied with the judgment, appealed to the Court of Appeal, Abuja Division, in Appeal No CA/A/1009/2020.

The letter reads in part: “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 are 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 out 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 theAgency, bothof whichare still pending. As the honourable attorney-general is well aware, appeal does not stay execution, and so the judgment of the Industrial Court isvalidandsubsisting; andall authorities are required by law to give effect to the judgment.

There is no application forstayof execution, buteven 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. “Despitethetwoappealsat 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 honourable attorney-general sees to it that the sanctity of the pending judicial process are not compromised by the NIA, acting either by itself or throughanyof itssisteragencies 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.”

 

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