National Assembly panel summons Omo-Agege, Ndume over mace theft saga

Omo-Agege: Court rejects Senate's stay of execution request

Omo-Agege: Court rejects Senate's stay of execution request

He noted that notwithstanding that "the motion for stay of execution of the judgment of the Honourable Justice Nnamdi Dimgba (of the Federal High Court in Abuja) delivered last week in the case of Senator Ovie Omo-Agege v The Senate has not been heard and determined by the Federal High Court, the Senate resolved yesterday to comply with the terms of the judgment".

NAIJ.com earlier reported that a joint ad-hoc committee of the Nigerian Senate and House of Representatives investigating the recent invasion of the upper chamber by alleged hoodlums and stealing of the mace has summoned Ali Ndume and Ovie Omo-Agege.

The court held that the application, along with the notice of appeal that was attached to it, were "misdirected", saying it was not targeted at the May 10 verdict that nullified Omo-Agege's suspension.

Dimgba recalled that he had dismissed, among other reliefs sought by the plaintiff, that the Senate should not punish him for any offence.

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 order was however denied on Wednesday, the senator's lawyer, Alex Iziyon, confirmed the decision, telling PREMIUM TIMES "it is true".

Late Monday, the Senate in a press statement by its spokesperson Sabi Abdullahi, said it would not stop Mr Omo-Agege from resuming his office and at plenary.

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Dimgba, in his judgement, held that the suspension of the Senator during the pendency of the suit was unconstitutional and an affront on the judiciary.

It will be recalled that the high court had in its judgment, held that the reason the Senate adduced for suspending Omo-Agege was unconstitutional.

Falana, on Tuesday, renewed his call for the release El-Zakzaky, the cleric's wife, and Dasuki from the custody of the DSS in obedience to court orders, urging the government to emulate the Senate.

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

Justice Dimgba said the court has powers under section 4 (8) of the 1999 constitution to intervene in affairs of the Senate, "whether internal or external, when it acts beyond it's powers or in breach of the constitution".

On April 18, Omo-Agege stormed the senate with suspected thugs who seized the mace of the upper legislative chamber.

Aside the Senate and Saraki, the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, was equally cited as a defendant in the suit.

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