JUST IN: Court Nullifies Suspension Of Senator Omo-Agege

A Federal High Court sitting in Abuja has nullified the
suspension of Senator Ovie Omo-Agege from the Senate for 90
legislative days.

Following his suspension, Omo-Agege had headed to the court to
seek redress wherein he filed a suit against the Senate (1st
defendant), the Senate President (2nd defendant), and the Attorney
General of the Federation (3rd).

By the suit marked FHC/ABJ/CS/314/2018, Omo-Agege, representing
Delta Central Senatorial district had challenged his suspension
from the Senate, saying it was illegal.

Delivering judgement on the suit, Thursday, the presiding judge,
Justice Nnamdi Dimgba held that the suspension of the Senator
during the pendency of the suit was unconstitutional and an affront
on the judiciary.

The court noted that it was wrong for the Senate Committee on
Ethics, Privileges and Public Petitions to suspend Omo-Agege for
going to court after he had apologised over his comments against
the Senate.

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(6b) of the 1999 Constitution of the Federal Republic of
Nigeria, as amended.

“Access to court is a constitutional right that cannot be taken
away from. Judiciary is the hope of the common man and access to
court is one of the key indicators of democracy and rule of law,
Justice Dimgba said.

“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.

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.

Earlier, the court dismissed a notice of preliminary objection
filed by the 1st and 2nd defendants, challenging jurisdiction of
the court to hear the suit.

Having nullified Omo-Agege’s suspension, Justice Dimgba ordered
the senate to pay the plaintiff all his salaries and
allowances.

A Federal High Court sitting in Abuja has nullified the
suspension of Senator Ovie Omo-Agege from the Senate for 90
legislative days.

Following his suspension, Omo-Agege had headed to the court to
seek redress wherein he filed a suit against the Senate (1st
defendant), the Senate President (2nd defendant), and the Attorney
General of the Federation (3rd).

By the suit marked FHC/ABJ/CS/314/2018, Omo-Agege, representing
Delta Central Senatorial district had challenged his suspension
from the Senate, saying it was illegal.

Delivering judgement on the suit, Thursday, the presiding judge,
Justice Nnamdi Dimgba held that the suspension of the Senator
during the pendency of the suit was unconstitutional and an affront
on the judiciary.

The court noted that it was wrong for the Senate Committee on
Ethics, Privileges and Public Petitions to suspend Omo-Agege for
going to court after he had apologised over his comments against
the Senate.

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(6b) of the 1999 Constitution of the Federal Republic of
Nigeria, as amended.

“Access to court is a constitutional right that cannot be taken
away from. Judiciary is the hope of the common man and access to
court is one of the key indicators of democracy and rule of law,
Justice Dimgba said.

“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.

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.

Earlier, the court dismissed a notice of preliminary objection
filed by the 1st and 2nd defendants, challenging jurisdiction of
the court to hear the suit.

Having nullified Omo-Agege’s suspension, Justice Dimgba ordered
the senate to pay the plaintiff all his salaries and
allowances.