Delta Central Senatorial District Senator, Omo-Agege who was recently suspended for 90 days by the Nigerian Senate has reacted to the nullification of the suspension by a Federal High Court sitting in Abuja. Justice Dimgba had on Thursday ruled that while the National Assembly had the power to discipline its erring members, the reasons given by the Senate for Omo-Agage’s suspension was unconstitutional, adding that a legislator could not be suspended for more than 14 days.
He also ruled that his outstanding allowances must be paid in full.
“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.”
Speaking on the ruling, the Senator in a statement issued by his media aide Mr. Efe Duku, said it was a victory for democracy.
“Today’s judgment by Honourable Justice Nnamdi Dimgba, rightly nullifying the suspension of the distinguished Senator Ovie Omo-Agege, is consistent with our firm position that the Senate, as a foremost national institution, should live consistently by example and set the pace in legislative best practices.
We are grateful to His Lordship, and indeed the entire judiciary, for affirming once again that ours is a democracy guided by the rule of law and constitutionality. We want the good people of this great nation to appreciate this victory for what it is. It is not a victory against the Senate as there is no war against that great institution. Rather, given his fine understanding of the law, Senator Omo-Agege believes that there are rare moments that demand the intervention of our courts to enrich the law and our constitutional experience.
Today’s positive judgment is, therefore, not necessarily for or about him as an individual. It is about ensuring that no lawmaker is removed arbitrarily from serving his or her people. It is about ensuring that constitutionality, legality, good conscience and due process are the cornerstones of public leadership actions and decisions.”
Meanwhile, the Senate said it will appeal the ruling.
