AGF/Min. of Justice, Malami and President Buhari
The last may not have been heard of President Mohammadu Buhari’s appointment of Ahmed Rufai Abubakar as the new head of the National Intelligence Agency (NIA). Consequently, a group under the auspices of concerned Nigerians has dragged him (President) before a Federal High Court sitting in Abuja over the appointment.
In the suit brought by way of originating summons and filed on their behalf by Deji Adeyanju, the group of concerned Nigerians are praying the court for a declaration that by the provisions of section 14(3) of the 1999 constitution (as amended), the president cannot appoint Abubakar who is from Katsina State as DG, NIA, when the DG of the Department of State Services (DSS), Lawal Musa Daura, is also from Katsina State.
Lawyers to the plaintiff, Michael Ukusare and Arinze Solomon Egbo, want the court to also declare that by the provisions of section 2(3) of the National Security Agencies Act, Abubakar is not a fit and proper person to be appointed as DG, NIA. Accordingly, the plaintiff is seeking an order of the court removing Abubakar as the DG, NIA, as well as an order of perpetual injunction restraining President Buhari, whether by himself, his officers, agents, servants, privies or otherwise whowsoever from further appointing Abubakar as DG NIA.
Also, in an affidavit deposed to by Deji Adeyanju, the concerned Nigerians told the court that the new DG NIA who had worked with Katsina State government before he was later transferred to the NIA in 1994 is married to a Moroccan woman. He noted that while Abubakar had written promotion exams while he was in the service of the NIA twice but failed on both occasions, the rules of the NIA provides that if Abubakar had failed the exams thrice, his appointment with NIA would have been terminated.
He said for fear of failing the third promotion examination, Abubakar tendered a resignation letter and took interest in politics, adding that prior to his appointment, the new DG NIA was a senior special assistant to president Buhari on Foreign Affairs/International Relations.
He further informed the court that having lived in Chad Republic for about 20 years, Abubakar who is the 2nd defendant in the suit owes allegiance to both Nigeria and Chad, and as such it is foolhardy to allow a man with dual nationality to head an agency like the NIA, considering the sensitive nature of the office which deals with national security