Court declines to stay execution of judgment recalling Omo-Agege to Senate

Court declines to stay execution of judgment recalling Omo-Agege to Senate

Court declines to stay execution of judgment recalling Omo-Agege to Senate

A FEDERAL High Court in Abuja has rejected an application by the Senate to say execution of the judgment voiding its suspension of Senator Ovie Omo-Agege.

THEWILL recalls that the high court had in its judgment, held that the reason the Senate adduced for suspending Omo-Agege was unconstitutional.

The Senate thereafter suspended Ovie Omo-Agege, an All Progressives Congress (APC) Senator from Delta state, for 90 legislative days.

"The court only made an order pursuant to the eight omnibus relief, on the basis that the sole reason given for the recommendation and the subsequent suspension of the plaintiff was an unconstitutional reason".

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The President of the Senate, Bukola Saraki, had on Tuesday last week inaugurated the ad hoc committee, noting that there were reports that those who attacked the Senate were led by a serving senator.

According to the court, the application by the Senate along with the notice of appeal that was attached to it, were "misdirected", saying it was not targeted at the May 10 verdict that nullified Omo-Agege's suspension.

The Senate had on April 12, 2018, suspended Omo-Agege for 90 legislative days for dragging the chamber to court over the amendment to the Electoral Act 2010 which seeks to reshuffle the sequence of polls during a general election.

" The committee, in inviting Omo-Agege stated: "Based on the testimony of the National Assembly Divisional Police Officer (DPO), the DSS and the Sergeant-at-Arms, you are alleged to have entered the National Assembly, accompanied by seven persons who allegedly took the mace of the Senate during plenary session on April 18, at about 11:30 a.m".

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Falana, on Tuesday, renewed his call for the release El-Zakzaky, the cleric's wife, and Dasuki from the custody of the DSS in obedience to court orders, urging the government to emulate the Senate.

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.

He also ruled that the principle of natural justice was breached by the Senate's Ethics and Privileges Committee by allowing Senator Dino Melaye, who was the complainant, to participate in the committee's sitting that considered the issue and also allowed him to sign the committee's report.

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.

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