Justice Nnamdi Dimgba of a Federal High Court, Abuja, on Thursday, dismisses the suit seeking to commit the Senate President, Bukola Saraki, to prison over refusal to pay salaries and allowances of Senator Ovie Omo-Agege.
Justice Dimgba dismissed the motion following the plaintiff’s confirmation that the outstanding salaries and allowances have been settled fully by the Senate.
Omo-Agege’s counsel, Dr. Alex Izinyon confirmed the settlement of the salaries and allowances and subsequently applied for the withdrawal of the contempt charge.
Izinyon praised the leadership of the Senate for the respect shown to the rule of law with the prompt payment of his client entitlement.
He said: “The Court on October 11 granted adjournment for definite hearing of committal proceedings and ordered that the processes be served on the respondents.
“Last Friday at about 2pm one of the special assistants to the Senate President said the cheques were ready, he came with 9 cheques which I acknowledged and gave to my client, who informed me that there was a shortfall of about N6m”.
Izinyon however told the court that the Senate after admitting that the shortfall was occasioned by an error, have made the payment in full to his client.
He said although the Senate had joined issues with his client by filing counter affidavit, he however told the judge that since the issue in dispute has been resolved there was no need for parties to dissipate energy on a settled matter.
Efut Okoi, counsel to Saraki, told the court that his client as a law abiding citizen effected the payment of the salaries and allowances in compliance with the order of the court and urged others to emulate the the gesture.
He however did not oppose the application for withdrawal of the contempt charge.
Justice Dimgba, accordingly, struck out the motion dated August 15.
Omo-Agege, who represents Delta Central Senatorial District at the National Assembly had initiated the committal proceedings against Saraki, praying the court to send the Senate President to prison for allegedly flouting the May 10 judgment of the court which had voided his 90 suspension by the Senate.
The court in his judgment further ordered the immediate reinstatement of Omo-Agege as well as payment of all his accrued benefits for the period of the voided suspension.
However, due to the failure of the Senate to comply with the court’s order, Omo-Agege consequently commenced the committal proceedings against Saraki.
Counsel to Omo-Agege, Dr Alex Izinyon (SAN), had complained in the Form 49, the contempt charge instituted against Saraki, that while his client had been allowed to resume to the Senate, Saraki had allegedly continued to flout the order directing that the applicant be paid all his entitlements.
He said Saraki, in flouting the judgment, had refused to give an approval to the payment as ordered by the court.