The Federal High Court sitting in Abuja yesterday nullified the suspension of Senator Ovie Omo-Agege, declaring it unconstitutional.
Justice Nnamdi Dimbga while delivering judgment in the suit filed by Omo-Agege (Delta Central) challenging his suspension, held that the reason given by the Senate and Senate President Bukola Saraki for suspending Omo-Agege was unconstitutional.
“While the legislator has powers to take disciplinary measures against its members, the reason given for the punishment is an unconstitutional reason.
“I hereby nullify the suspension of the plaintiff (Omo-Agege) which was based on the recommendations of the Senate Committee on Ethics, Privileges and Public Petitions with immediate effect.”
Justice Dimgba also ordered the Senate to pay Omo-Agege outstanding salaries or allowances which were due to him during the period of the suspension.
The judge stated that the decision recommended by the committee to punish Omo-Agege for going to court was wrong and contravened Sections 4 and 6 of the constitution adding that he had a right to go to court.
“Access to court is one key indicator of a democracy, the exercise of his rights cannot be a basis for punishment.”
The judge added that the court took judicial notice of the fact that while the suit was pending in court, the senate went ahead to suspend the senator for 90 legislative days.
“In sanctioning a legislator, the legislature must act within the law. While this suit was pending and to the knowledge of the Senate and the Senate President, they went ahead and imposed a sanction on him.”
The judge also said that the 90 legislative days’ suspension was against Order 67, Rule 4 of the Senate Standing Rules which provided for a lawmaker to be suspended for only 14 legislative days.
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.
According to him, Omo-Agege’s right was not breeched when the senate referred him to its committee on Ethics, Privileges and Public Petitions as he erroneously believed.
The Senator said it will appeal the judgment.
In a statement yesterday, Omo-Agege described the judgment as victory for democracy.
The statement by his aide Efe Duku, said the judgement is consistent with his firm position that the Senate as a foremost national institution should live consistently by example and set the pace in legislative best practices.
The statement said: “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, Sen. 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 judgement 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.
“For their increasingly amazing support, Senator Omo-Agege is very grateful to the good people of Urhobo Nation whom he has the great honour of representing in the 8th Senate. He remains absolutely committed to their fine values of justice, honour and humility in service. His special gratitude also goes to his wonderful family, friends, and well-wishers for their prayers and overwhelming support. Above all, this victory belongs to God and to Him we give the glory.”