
The motion, according to statement issued on Monday night by the Chairman, Senate Committee on Media and Publicity, Senator Aliyu Sabi-Abdullahi, might be decided upon by the appelate court on Wednesday.
"The Senate leadership has been briefed by our lawyers on last Thursday judgement of the Federal High Court, Abuja, on whether the Senate has the legal authority to suspend a member for certain misconduct or not".
The Senate appealed the ruling but said in statement that while it was waiting for a stay of execution, it would not stop the lawmaker from resuming plenary.
Omo-Agege had gone to court to challenge his 90 legislative days suspension by the Senate and the court in its ruling declared the action unconstitutional, saying that the Senate could not suspend a member beyond 12 days.
Contrary to expectation, Delta Central Senator, Ovie Omo-Agege, failed to resume at the Senate plenary on Tuesday.
Mr Omo-Agege in reaction on Monday said the appeal would not hinder his resumption as the stay of execution which the Senate applied for has not been granted.
When it reconvened, Omo-Agege was still absent. The bill was named INEC Commission Act (2010) Amendment Bill.
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A week after, Dino Melaye (Kogi-APC) drew the attention of the Senate specifically to the comments made by Mr Omo-Agege.
"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".
The incident which occurred while plenary was ongoing in the chambers was linked to Omo-Agege, who defied the suspension order on him and attended the proceedings, accompanied by some unusual fellows into the chamber. Justice Nnamdi Dimgba, in the judgment, said the order nullifying the suspension was "with immediate effect".
Asked if he would drag the security agencies to court, Omo-Agege said, "I know what to do, and they know that I know what to do".
The judge stated that the decision recommended by the committee to punish Omo-Agege for going to court was wrong and contravened Sections 4 and 6 of the constitution adding that he had a right to go to court.
Omo-Agege however said on Saturday that the Minister of Justice and Attorney General of the Federation, Mr. Abubakar Malami, was joined in the suit challenging his suspension.
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