Tuesday, 11 December, 2018

JUST IN: Court declares Omo-Agege's suspension 'null and void'

Omo-Agege Senate appeals suspension nullification My Victory In Court Not Against Senate – Omo-Agege
Troy Mann | 13 May, 2018, 22:18

Senator Omo-Agege had accused the Senate of targetting President Muhammadu Buhari with the Electoral Act Amendment, especially that aspect that deals with modification of election sequence.

ABUJA- The Abuja Division of the Federal High Court has nullified the suspension of Senator Ovie Omo-Agege by the Senate.

In a statement released by his media assistant, Prince Efe Duke, Omo-Agege stated that the judgement "is consistent with our firm position that the Senate, as a foremost national institution, should lead consistently by example and set the pace in legislative best practices".

The judge said the senate could only have suspended him for only a period of 14 days as prescribed in its rules.

"Access to court is a fundamental right in the constitution which can not be taken away by force or intimidation from any organ", said Dimgba Igwe, judge of the high court in the capital city Abuja.

The AGF told the court that decision Senate took against Omo-Agege was illegal and unconstitutional and ought to be declared a nullity. Justice Dimgba, however, added that despite the fact that the Senate had a constitutional duty to discipline its members; such disciplinary measures must comply with provisions of the law.

In addition, he held that the upper legislative chamber was right to have directed its committee to investigate Omo-Agege.

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"This court is minded to say that the reason for the suspension of the plaintiff by the 1st and 2nd defendants was unconstitutional", he court held.

He also noted that the Ethics' committee which recommended the lawmaker's suspension should have excluded the participation of Senator Dino Melaye (Kogi West) who made the complaint against him.

Though the court refused prayers one to seven of the plaintiff, however, it relied on the 8th relief which had sought for "any other order as may be deemed by the court".

The state chairman of the group, Abba YAbdullahi, said the action of the senate constitutes an affront to the law and principles of human right and free speech.

That was also frowned at by the judge who said it was an abuse of the Senate's powers.

The senator representing Delta Central (APC) was suspended by the senate because he openly criticized the amendment of election sequence carried out by the senate.

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