The Abuja Division of the Federal High Court, on Wednesday, declined to stay execution of the judgment that nullified the suspension of Senator Ovie Omo-Agege by the Senate.
In his ruling, Justice Nnamdi Dimgba rejected the application which was jointly filed by the Senate and its President, Dr. Bukola Saraki who were 1st and 2nd defendants.
The court held that the application, along with the notice of appeal that was attached to it, were “misdirected”, saying it was not targeted at the May 10 verdict that nullified Omo-Agege’s suspension.
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 suspension of the plaintiff for 90 days is ultra-vires of powers of the 1st defendant (Senate)”, the court held, adding that “any suspension of member of the Senate such exceeds 14 days is null and void and unconstitutional”.
The court ordered the Senate to recall the plaintiff immediately and equally pay him any salary or allowance that accrued to him within the period he was illegally suspended.
The high court had in its judgment, held that the reason the Senate adduced for suspending Omo-Agege was unconstitutional.
Meanwhile the Lawmaker representing Delta Central Senatorial District, Omo-Agege, was at the Senate chamber this morning. He signed the attendance register, left but returned and joined the Senators in a closed-door session which began shortly after President of the Senate, Bukola Saraki, said the opening prayers.
The lawmaker was absent on Tuesday.
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