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Justice Nnamdi Dimgba, a Federal High Court, Abuja, Wednesday dismissed an application seeking stay of execution of judgement of May 10, in which he vacated the suspension of the Senator representing Delta Central Senatorial District, Ovie Omo-Agege.
Justice Dimgba, while dismissing the application argued on behalf of the Senate and Senate President by Mahmud Mogaji, said the application was misdirected and lacking in merit.
He said the present application which the Senate sought a stay of execution of nullification of the suspension order, did not target the May 10 judgment.
He said an application must align with a judgment, and not outside it, adding the instant application did not target the judgment that vacated the suspension order, rather on other decision which he declined the reliefs sought by the plaintiff, Omo-Agege.
“An application must target decision reached by the court. This applicant is targeted at different decision reached by this court. I hereby dismiss the application for lack of merit”, the court held.
Dimgba recalled that he had dismissed, among other reliefs sought by the plaintiff, that the Senate should not punish him for any offence.
The Judge said that if an application is appealing against reliefs he refused to grant, is of no significant to the vacation of suspension order.
“The Judgement of 10th of May 10 declined some of the reliefs of the plaintiff. I have not seen reason of this application. I hereby dismiss it for lacking it merit”, he held.
Justice Dimgba on May 10 nullified the suspension of Senator Omo-Agege from the Senate for 90 legislative days.
Omo-Agege had headed to the court to seek redress following his suspension against the Senate (1st defendant), the Senate President (2nd defendant), and the Attorney General of the Federation (3rd).
By the suit marked FHC/ABJ/CS/314/2018, Omo-Agege, had challenged his suspension from the Senate, saying it was illegal.
Dimgba delivering judgement on the suit, held that the suspension of the Senator during the pendency of the suit was unconstitutional and an affront on the judiciary.
The court noted that it was wrong for the Senate Committee on Ethics, Privileges and Public Petitions to suspend Omo-Agege for going to court after he had apologised over his comments against the Senate.
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(6b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
“Access to court is a constitutional right that cannot be taken away from. Judiciary is the hope of the common man and access to court is one of the key indicators of democracy and rule of law.
“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.
Having nullified Omo-Agege’s suspension, Justice Dimgba further ordered the Senate to pay the plaintiff all his salaries and allowances.
He maintained that suspending the Senator for more than 14 days was denying his constituents the required representation.
He, however, held that the legislature had the powers to sanction any lawmaker who set out to make comments or act in a way that could bring disrepute to the institution
But that the legislature went out of track and arrived at a wrong and false end by punishing the Senator for exercising his rights, Dimgba had said
According to him, Omo-Agege’s right was not breached when the Senate referred him to its committee on Ethics, Privilege and Public Relations.
Felix Omohomhion, Abuja
