Omo-Agege attends Senate plenary

Omo-Agege: Court rejects Senate's stay of execution request

Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court in a pronouncement last week Thursday said the Senate's decision regarding the suspension, as well as the pattern adopted by the National Assembly, was constitutionally defective.

"In a decent society, the Senate is not supposed to come before this court because their hands are full of iniquities", Izinyon told the court while urging it to dismiss the application.

The Senate indicated its willingness to appeal the ruling, and applied for a stay-of-execution order. This application is targeted at different decision reached by this court. "In the circumstance, he held that the application lacked merit and struck same out", said Mr Duku.

The Senate and Saraki had through their lawyer, Mr. Mahmoud Magaji, SAN, prayed the court to suspend omo-Agege's resumption pending hearing and determination of an appeal they filed to challenge his recall.

"The Judgement of 10th of May 2018 declined some of the reliefs of the plaintiff".

"Having regard to the settled position of the law as expoused by our courts in not less than five cases wherein the suspension of legislators by legislative houses was annulled and set aside the Senate should withdraw the appeal filed against the judgment of the Federal High Court in the case of Senator Omo-Agege. I hereby dismiss it for lacking its merit", he held.

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He signed the attendance register and left.

Omo-Agege had approached the court with a suit marked FHC/ABJ/CS/314/2018, challenging his suspension from the Senate, saying it was illegal.

The judge noted that from the wording of the report of the Senate's Ethics and Privileges Committee which recommended Omo-Agege's suspension, he was punished for filing a suit against the Senate after apologising to the legislative house over the allegation levelled against him.

Although the court refused to grant any of the seven prayers sought by the senator, ‎it held that the suspension could not hold on grounds of the "violence" it did to the constitution.The judge, therefore, nullified Omo-Agege's suspension "with immediate effect."He also ordered that the senator be paid all his allowances and salaries for the period he was illegally suspended".

Justice Dimgba held that while the Senate has the powers to sanction its erring members to protect its integrity, he said no institution or authority has the powers to deny any citizen his right of access to the court.

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