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Sen. Omo-Agege absent from plenary.
News & Trends •
justice nnamdi dimgba of federal high court on may 10 held that while the national assembly had the power to discipline its erring members the premise on which omo-ageges suspension was anchored was illegal2 embattled sen. ovie omo-agege who vowed to attend tuesdays plenary of the senate in compliance with a court decision failed to turn up2 omo-agege however went to court to challenge his suspension and the court in its ruling declared the action unconstitutional saying that the senate could not suspend a member beyond 14 days2 the senate appealed the ruling but said in statement that while it was waiting for a stay of execution it would not stop the lawmaker from resuming plenary2 omo-ageges suspension which was expected to last for 90 legislative days followed a report of the senate committee on ethics privileges and public petitions2 chairman of the committee sen. sam anyanwu had said the committees probe followed a point-of-order raised by sen. dino melaye kogi-apc on the matter2 according to anyanwu melaye drew senates attention to a media briefing by omo agege faulting senates adoption of the conferences report on feb.142 he said that melaye further intimated the senate that the media briefing by omo agege indicated that the resolution of the senate was targeted at president muhammadu buhari2 his suspension was based on his comment that amendment to section 25 of the electoral act 2010 as amended bordering on reordering of elections sequence was targeted at president muhammadu buhari2 the senate on april 2 suspended omo-agege delta-apc over a dissenting comment on decision of the upper chamber on adoption of conference report on inec commission act 2010 amendment bill2 although the court refused to grant any of the seven prayers sought by the senator it held that the suspension could not hold on grounds of the violence it did to the constitution2 the judge noted that from the wording of the report of the senates ethics and privileges committee which recommended omo-ageges suspension he was punished for filing a suit against the senate after apologising to the legislative house over the allegation leveled against him2 access to court is a fundamental right in the constitution which cannot be taken away by force or intimidation from any organ the judge ruled2 the judge also added that the senates decision to punish omo-agege for filing a suit against the senate and for punishing him while his suit was pending constituted an affront on the judiciary2 he added that even if the senate had rightly suspended the senator it could only have suspended him for only a period of 14 days as prescribed in the senate rules2 he also ruled that the principle of natural justice was breached by the senates ethics and privileges committee by allowing senator dino melaye who was the complainant to participate in the committees sitting that considered the issue and also allowed him to sign the committees report2 the judge therefore nullified omo-ageges suspension with immediate effect2 he also ordered that the senator be paid all his allowances and salaries for the period he was illegally suspended. nan2 -
Sen. Omo-Agege absent from plenary.
News & Trends •
justice nnamdi dimgba of federal high court on may 10 held that while the national assembly had the power to discipline its erring members the premise on which omo-ageges suspension was anchored was illegal2 embattled sen. ovie omo-agege who vowed to attend tuesdays plenary of the senate in compliance with a court decision failed to turn up2 omo-agege however went to court to challenge his suspension and the court in its ruling declared the action unconstitutional saying that the senate could not suspend a member beyond 14 days2 the senate appealed the ruling but said in statement that while it was waiting for a stay of execution it would not stop the lawmaker from resuming plenary2 omo-ageges suspension which was expected to last for 90 legislative days followed a report of the senate committee on ethics privileges and public petitions2 chairman of the committee sen. sam anyanwu had said the committees probe followed a point-of-order raised by sen. dino melaye kogi-apc on the matter2 according to anyanwu melaye drew senates attention to a media briefing by omo agege faulting senates adoption of the conferences report on feb.142 he said that melaye further intimated the senate that the media briefing by omo agege indicated that the resolution of the senate was targeted at president muhammadu buhari2 his suspension was based on his comment that amendment to section 25 of the electoral act 2010 as amended bordering on reordering of elections sequence was targeted at president muhammadu buhari2 the senate on april 2 suspended omo-agege delta-apc over a dissenting comment on decision of the upper chamber on adoption of conference report on inec commission act 2010 amendment bill2 although the court refused to grant any of the seven prayers sought by the senator it held that the suspension could not hold on grounds of the violence it did to the constitution2 the judge noted that from the wording of the report of the senates ethics and privileges committee which recommended omo-ageges suspension he was punished for filing a suit against the senate after apologising to the legislative house over the allegation leveled against him2 access to court is a fundamental right in the constitution which cannot be taken away by force or intimidation from any organ the judge ruled2 the judge also added that the senates decision to punish omo-agege for filing a suit against the senate and for punishing him while his suit was pending constituted an affront on the judiciary2 he added that even if the senate had rightly suspended the senator it could only have suspended him for only a period of 14 days as prescribed in the senate rules2 he also ruled that the principle of natural justice was breached by the senates ethics and privileges committee by allowing senator dino melaye who was the complainant to participate in the committees sitting that considered the issue and also allowed him to sign the committees report2 the judge therefore nullified omo-ageges suspension with immediate effect2 he also ordered that the senator be paid all his allowances and salaries for the period he was illegally suspended. nan2