Musings On The NIA Muhammed Dauda And Justice

By: Inuwa Bwala

For give years now Ambassador Muhamned Dauda, former Director General of the National Intelligence Agency. NIA and Nigeria’s former Ambassador to Chad, has been 9n the virtual run for his life.

His family members had to equally go under for their lives, as agents of a cabal that conspired to remove Dauda from office, also went for his jugular.

For the past five years, Dauda cried out for justice and petitioned the world that his removal was a witch hunt, and that some powerful people in the immediate past administration were behind it.

He petitioned the Presidency several times trying to narrate his ordeals, but each time, his cries were either suppressed or the President was deliberately prevented from taking action.

Dauda went to the courts to seek redress, for which he has been consistently threatened and intimidated.

He fled our borders and continued to pursue his cause untill Thursday when the Court of Appeal, Abuja Division ordered his reinstatement as Director General DG of the National Intelligence agency NIA.

One could describe Dauda’s pursuit for justice as one long tortoise journey.

Even to a layman like me one could see the clear destination of the matter, and no one was blind to the intrigues that played out; trying to cover up the monumental fraud that was Dauda’s sack.

That he was vilified for daring to seek justice, is a story for another day, but the eventual judgement last Thursday must have come as a big relief.

Legal pundits and even ordinary minds have described it as a sound judgement by Justice Peter Ige, which will fit a long time remain a watershed in Nigeria’s legal history.

Justice Ige said in the judgement that, the evidence leading to the dismissal of Dauda was frivolous and lacking in merit, and thereby lame and ineffective.

That Judgement had resolved all the contentious issues against the NIA and in favour of the former DG, who was the respondent in the appeal suit.

In ordering for Dauda’s reinstatement and the payment of his salaries and entitlements since the day of his purported dismissal from office, the diplomat DG could begin to pick the pieces of his life and redesign a new life.

While he may not be able to physically return to his seat: having attained the mandatory age of retirement while outside, the judgement not only vindicated him, but exposes the rot in the underbelly of the NIA.

And by ordering the payment of damages to him the appellate court also has succeeded in making an examplery statement, to the effect that, injustice carries with it a burden, that may not be punitively heavy enough but symbolically embarrassing.

Justice Ige in holding that: “Dauda should be allowed to retire in service in accordance with the stipulated laws guarding the NIA, has equally provided a solution to the seeming quagmire, as Dauda himself may not even be interested in sitting on that seat again, but has at least made the point.

Justice Ige was assertive when he said. “There is no evidence before the court that shows that the respondent has constituted any risk or breached any law”, which 8n effect corroborates Ambassador Dauda’s arguments all along, that, he has been a victim of a conspiracy, for resisting to be corrupted.

While it is being argued that, Ambassador Muhammed Dauda may have achieved justice, the cost may remain inestimable untill those behind the act are fully exposed and brought to book.
For those who might not have been familiar with this matter: Muhammed Dauda acted as the head of National Intelligence Agency, NIA from November 2017 to January 2018,when he was replaced by an aide to president Muhammadu Buhari, under very curious circumstances.

Dauda had spent just few months on the job before he was forced out, following which he challenged his removal in court, arguing that his dismissal from service did not follow the due process.

He argued that in contravention of the law, no special management staff of the disciplinary committee (SMSDC) was set up to investigate the charges against him,and he was not given any fair hearing afterwards.

The National Industrial court had in an earlier judgement delivered by Justice Olufunke Anuwe, ordered the reinstatement of Mohammed Dauda as the head of National Intelligence Agency and payment of salaries and entitlements from March 2018 till date after it found that his dismissal fell short of the NIA Act.

In the judgment delivered by Justice Olufunke Anuwe, it was 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”.

The NIA appealed Justice Olufunke’s judgement which was thrown out last Thursday.

Musings On The NIA Muhammed Dauda And Justice