The Nigerian Senate on Thursday said it has filed a notice of appeal and a stay of execution on a High Court judgment, nullifying the suspension of Senator Ovie Omo-Agege for 90 days. A media aide to the President of the Senate, Olu Onnemola who disclosed this to newsmen at the National Assembly said the ruling was unacceptable. His statement read in part
“The Federal High Court sitting in Abuja, Coram Nnamdi Dimgba .J. in a judgment delivered today, the 10th May, 2018 in Suit No: FHC/ABJ/CS/314/18 between Sen. Ovie Omo-Agege V. Senate & 2 Ors held that the Senate and the Senate President who where the 1st and 2nd Defendants in the suit filed by Sen. Ovie Omo Agege can punish erring members of the Senate. The Court also held that all reliefs of the plaintiff are not grantable as they could not be supported by the processes filed by the plaintiff.
“However, relying on Relief 8 which is the Omnibus prayer, the Court held that the suspension was not in accordance to law, the Senate and the Senate President promptly filed a Notice of Appeal and a Motion for Stay of Execution of the same Judgement on the 10th of May, 2018."
Recall that Justice Nnamdi Dimgba of the Federal High Court, Abuja Division had on Thursday nullified the suspension of the Delta Central Senatorial District, claiming that the senate lacked the power to suspend the senator for more than 14 days as contained in the Senate's standing rule.
“Considered together with the failure of the 1st and 2nd defendants (Senate and the Senate President) to stay action upon being aware of the pendency of this suit, is a grave error which the court is empowered to neutralise.
“Even if the reason for the sanction were to be a valid one, I hold also that the punishment of suspension for 90 legislative days is in violation of Order 67(4) of the Senate Standing Orders 2015, and Section 21(2) of the Legislative Houses (Powers and Privileges) Act, which prescribe an upper limit of 14 and 1 legislative days respectively for the suspension of an errant member.”
