Again, Omo-Agege floors Senate in court

Omo-Agege appears at Senate plenary

Moments after, Senate President Bukola Saraki walked in and asked that senate enters into a closed door session which lasted for one hour.

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".

The application for stay of execution of the court judgment filed by the Senate followed a notice of appeal filed at the Court Appeal, Abuja Division, which Justice Dimgba held was not proper before the court.

They had urged the court to stay the execution of the judgment pending the hearing and determination of the appeals against the May 10, 2018 judgment.

He added that even if the Senate had rightly suspended the senator, it could only have suspended him for only a period of 14 days - as prescribed in the Senate rules.

The judge noted that the application failed to show that it was targeted at the court's judgment of May 10, 2018.

"This court is minded to say that the reason for the suspension of the plaintiff by the 1st and 2nd defendants was unconstitutional", Justice Dimgba said and ordered the Senate to pay Omo-Agege all his salaries and allowances.

The court equally dismissed preliminary objections the Senate and Saraki filed to challenge its jurisdiction to hear the suit.

"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".

Mr Omo-Agege was expected to resume plenary and other legislative duties on Tuesday after a federal high court last week quashed his suspension from the Senate. 6, 2010 (Amendment) Bill 2017 is an act calculated to interfere with or likely to constitute a breach of the plaintiff's fundamental human right to freedom of expression without interference as guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended] and Article 9 (2) of the African Charter on Human and Peoples' Right (Ratification and Enforcement) Act Cap A9 LFN, 2004.

The matter was referred to the Committee on Ethics and Privileges to investigate which recommended 181 days of suspension.

The invitations were sequel to testimonies from heads of different security agencies within the National Assembly, alleging that Omo-Agege-led seven unauthorised personnel into the red chamber and disrupted plenary.

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