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

Remigio Civitarese
Mag 17, 2018

Justice Nnamdi Dimgba, on Thursday, May 10, 2018, ordered that the Senator shouldbe immediately re-instated.

"By complying with the judgment without any conditions whatsoever the Senate has demonstrated leadership by example", Falana said in a statement which he issued shortly after the news of the Senate's decision to welcome Omo-Agege back to his legislative duties on Tuesday.

He said an application must align with a judgment, and not outside it, adding the instant application did not target the judgment that vacated the suspension order, rather on other decision which he declined the reliefs sought by the plaintiff, 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.

Speaking on the recent development, Omo-Agege's lawyer confirmed the news to Premium Times.

It said the court ruled that the said motion by Mr Omo-Agege was actually refused, hence the motion against it was considered not meritorious.

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.

But the Abuja High Court, it was learnt, voided the suspension on the ground that the petitioner alleged it was based on the legal action he instituted against the senate ahead of its investigation committee.

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.

Dimgba delivering judgement on the suit, held that the suspension of the Senator during the pendency of the suit was unconstitutional and an affront on the judiciary.

The court equally dismissed preliminary objections the Senate and Saraki filed to challenge its jurisdiction to hear the suit.

The duo, as stated in separate letters of invitations sent to them for appearance today, are to answer questions on allegations of aiding the invaders who forced their way into the chamber and seized the Senate mace. 6, 2010 (Amendment) Bill 2017 is an act calculated to interfere with or likely to constitute a breach of the plaintiff's fundamental human right to freedom of expression without interference as guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended] and Article 9 (2) of the African Charter on Human and Peoples' Right (Ratification and Enforcement) Act Cap A9 LFN, 2004.

Although he later apologized for his comments, the Senate Committee on Ethics and Privileges recommended his suspension for 181 legislative days.

Security at the national assembly was beefed up in the anticipation of his return.

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