Court Nullification of My Suspension Victory for Democracy, Say Omo-Agege as Senate Appeals Judgement

Senator Ovie Omo-Agege, representing Delta Central Senatorial District, has described a High Court judgement that nullified his suspension from the Senate as a victory for democracy.
Justice Nnamdi Dimgba of a Federal High Court, Abuja, gave the ruling nullifying the suspension on Thursday.
Justice Dimgba said the Senate’s decision regarding the suspension, as well as the pattern adopted by the National Assembly, was constitutionally defective.
In a statement by his media aide, Efe Duku, Omo-Agege said the victory is not only for him but for the need to ensure that constitution is duly followed by all institutions in Nigeria.
The statement read: “Today’s judgment by Hon. Justice Nnamdi Dimgba rightly nullifying the suspension of the Distinguished Senator Ovie Omo-Agege is consistent with our firm position that the Senate as a foremost national institution should live consistently by example and set the pace in legislative best practices. We are grateful to His Lordship, and indeed the entire judiciary, for affirming once again that ours is a democracy guided by the rule of law and constitutionality.
“We want the good people of this great nation to appreciate this victory for what it is. It is not a victory against the Senate, as there is no war against that great institution. Rather, given his fine understanding of the law, Sen. Omo-Agege believes that there are rare moments that demand the intervention of our courts to enrich the law and our constitutional experience.
“Today’s positive judgement is therefore not necessarily for or about him as an individual. It is about ensuring that no lawmaker is removed arbitrarily from serving his or her people. It is about ensuring that constitutionality, legality, good conscience and due process are the cornerstones of public leadership actions and decisions.
“For their increasingly amazing support, Senator Omo-Agege is very grateful to the good people of Urhobo Nation whom he has the great honour of representing in the 8th Senate. He remains absolutely committed to their fine values of justice, honour and humility in service. His special gratitude also goes to his wonderful family, friends, and well-wishers for their prayers and overwhelming support. Above all, this victory belongs to God and to Him we give the glory.”
Senator Omo-Agege was suspended for 90 days by the Senate after he accused his colleagues of working against President Muhammadu Buhari by amending the electoral act.
In his ruling on Thursday, Dimgba said the Senate has no power to suspend a Senator for more than 14 days.
Meanwhile, the Senate said Thursday evening that it has filed a notice of appeal and a stay of execution on a High Court judgement nullifying the suspension.
Olu Onemola, an aide to the Senate President, Bukola Saraki, made this known.
“The Federal High Court sitting in Abuja, Coram Nnamdi Dimgba .J. in a judgment delivered today, the 10th May, 2018 in Suit No: FHC/ABJ/CS/314/18 between Sen. Ovie Omo-Agege V. Senate & 2 Ors held that the Senate and the Senate President who where the 1st and 2nd Defendants in the suit filed by Sen. Ovie Omo Agege can punish erring members of the Senate. The Court also held that all reliefs of the plaintiff are not grantable as they could not be supported by the processes filed by the plaintiff.
“However, relying on Relief 8 which is the Omnibus prayer, the Court held that the suspension was not in accordance to law, the Senate and the Senate President promptly filed a Notice of Appeal and a Motion for Stay of Execution of the same Judgement on the 10th of May, 2018,” he wrote.
The Senate said the suspension was not because of Omo-Agege’s comments on the election re-oreder but for his move of approaching the court over the matter.
That was also frowned at by the judge who said it was an abuse of the Senate’s powers
“Access to court is a constitutional right which cannot be taken away,” Dimgba said.

Author: News Editor

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