Photo: Senator Ovie Omo-Agege during the chat with journalists on Saturday at Orogun, Ughelli North LGA, Delta State.
JUSTICE Nnamdi Dimgba of the Federal High Court in Abuja on Thursday nullified the 90 legislative days suspension of Senator representing Delta Central Senatorial District, Senator Ovie Omo-Agege by the Senate of the Federal Republic of Nigeria.
The All Progressives Congress (APC) and a loyalist of President Muhammadu Buhari, who was suspended on April 28, 2018, for alleged violation of the Senate rule and for suing the Senate, had, in his suit, which had the Senate, it’s President, Bukola Saraki and the Attorney General of the Federation (AGF), Abubakar Malami (SAN) as respondents, prayed the court to nullify the suspension.
Delivering the judgment yesterday, Justice Dimgba said the nullification is with immediate effect and also ordered the Senate to pay Omo-Agege all his outstanding allowances.
However, the judge said the Senate has the power to suspend erring members according to its rules for 14 legislative days if due processes are followed.
The court disagreed with the plaintiff that to have referred him to ethic and privileges committee was erroneous.
Justice Dimgba said the law does not exclude the Senate from protecting its dignity and decorum, nor did the law remove the Senate powers to discipline erring member.
Justice Dimgba said that documents in court show that while Omo- Agege suit was pending, the 1st and 2nd respondents went ahead to impose punishment on him.
He said, “I am not convinced that the due process was followed.” In any case, “any suspension exceeding 14 days is null and void.
“The suspension for 90 legislative days denied the plaintiff’s constituency representation”, the court held and added that the reason adduced by the Senate for suspending Omo-Agege was an affront on the court and also violates the plaintiff’s constitutional right.
He said the decision by the Senate to punish the plaintiff violates section 4 (a) and 6(b) of the Constitution. The exercise of plaintiff’s right to court cannot be the basis for punishing him.
Justice Dimgba also held that section 67(4) of the Senate standing rule and section 21 of the legislative Act as amended provide for suspension of erring members of the House to enforce discipline and that the Senate is empowered to set up the ethics and privileges committee.
“However, in the instant case, the ethic and privilege committee that recommended Omo-Agege suspension did not do its work with fairness”, he said.
According to the Court, ” the Committee ought to have excluded the complainant, Dino Melaye while it considered the complaints against the plaintiff. The committee violates that rule of natural justice”.
Earlier during the judgment, the judge had dismissed the preliminary objection of the 1st and 2nd respondents and held that the seven grounds of objections were misconceived
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