Omo-Agege defeats Senate again as Court refuses stay-of-execution order

Omo-Agege defeats Senate again as Court refuses stay-of-execution order

He noted that notwithstanding that "the motion for stay of execution of the judgment of the Honourable Justice Nnamdi Dimgba (of the Federal High Court in Abuja) delivered last week in the case of Senator Ovie Omo-Agege v The Senate has not been heard and determined by the Federal High Court, the Senate resolved yesterday to comply with the terms of the judgment".

"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.

"An application must target decision reached by the court".

"Looking at the grounds of the application as well as the notice of appeal submitted to support the application, I am of the view that the grounds and notice of appeal are targeted at a different decision of the court made on May 10, 2018. In the circumstance, he held that the application lacked merit and struck same out", said Mr Duku.

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

"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. I hereby dismiss the application".

The Senate said its decision was in deference to a court judgment which nullified Omo-Agege's suspension.

The joint Senate and House of Representatives ad hoc committee investigating the invasion of the Senate chamber and the snatching of its mace has invited Senators Ovie Omo-Agege and Ali Ndume.

The judge, therefore, nullified Omo-Agege's suspension "with immediate effect".

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.

He maintained that suspending the Senator for more than 14 days was denying his constituents the required representation and held, however, that the legislature had the powers to sanction any lawmaker who set out to make comments or act in a way that could bring disrepute to the institution.

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.