Omo-Agege: Court Refuses Senate's Application For "Stay Of Execution"

LATEST The Nigerian Senate and Sen. Omo-Agege

An Abuja Division of the Federal High Court has refused a stay-of-execution order requested by the Senate, against a previous ruling of the court regarding the suspension of Delta State Senator, Ovie Omo-Agege.

Mr Omo-Agege had approached the court to determine whether the Senate has authority to investigate and even discipline a senator, whose case is already before a court of law.

Justice Dimgba held that the decision of the Senate to suspend Omo-Agege for instituting the suit was a clear breach of Section 4 (8) and 6 (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, saying that, "Access to court is a constitutional right that can not be taken away from".

He was expected resume sitting on Tuesday after a hight court nullified his suspension last week but he did not show up.

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.

"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".

Omo-Agege: Court rejects Senate's stay of execution request
Omo-Agege: Court Refuses Senate's Application For “Stay Of Execution”

Justice Dimgba held that the motion was not anchored on any cognizable judgment that was delivered by his court, saying he therefore could not grant an order for stay of execution as prayed by the defendants.

The News Agency of Nigeria (NAN) correspondent reports that Omo-Agege was seen signing the attendance register at the upper chamber, and immediately walked into the chamber for proceedings of the day.

Besides, the Judge noted that whereas sections 67 (4) of the Senate Standing Rules 2014 and section 21 (2) of the Legislative Houses Powers and Privileges Act, okayed the suspension of any erring lawmakers for 14 legislative days, the Senate went ahead and handed Omo-Agege 90 days suspension.

On Omo-Agege, Na'Allah said, "Based on the testimony of the Divisional Police Officer, the Department of State Services 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 the plenary session on April 18, at about 11:30 am".

According to him, Omo-Agege's right was not breached when the Senate referred him to its committee on Ethics, Privilege and Public Relations.

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