My Victory In Court Not Against Senate - Omo-Agege

Daniel Fowler
May 12, 2018

Senator representing Delta Central Senatorial district, Ovie Omo-Agege on Thursday said the judgement of the Federal High Court nullifying his suspension from the Senate is victory for democracy.

He accused the Senators of making provision for election sequence in the amended Electoral Act in disfavor of President Muhammadu Buhari.

Base on all these, the judge nullified Omo-Agage's suspension "with immediate effect" and ordered that the Senate should pay the senator all his allowances and salaries for the period he was illegally suspended.

A Nigerian court has nullified the suspension of a senator from the country's parliament, saying the basis for penalizing the lawmaker "violently violates" the constitution.

"Access to court is a constitutional right that can not be taken away by force or intimidation", Justice Dimgba held.

On Thursday, the court ruled that the red chamber did not follow due process by making a decision while the matter was pending in court.

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According to Justice Dimgba, from the wording of the report of the Senate's Ethics and Privileges Committee which recommended Omo-Agege's suspension, he was punished for filing a suit against the Senate after apologising to the legislative house over the allegation leveled against him.

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.

The court voided Omo-Agege's suspension after it declined to grant any of the seven reliefs he sought in his suit.

The Senate and the Senate President Dr Bukola Saraki who is the second defendant in the case also filed for a stay of execution of the nullification of the suspension.

The court held that Omo-Agege's suspension from attending plenary for 90 days denied his constituency their right to proper representation.

The court disagreed with the plaintiff that to have referred him to ethic and privileges committee was erroneous. "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".

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