Senator Ovie Omo-Agege (Delta Central) has accused the Senate President, Bukola Saraki of withholding his entitlements and thereby disobeying the judgment of a Federal High Court in Abuja, which voided his suspension earlier this year.
Omo-Agege, in a form 49 (contempt of court charge) he filed before the court, alleged that Saraki had since refused to comply with the judgment that nullified his suspension from the Senate.
His lawyer, Alex Iziyon (SAN) told the court that after the court’s May 10 judgment, his client was allowed entry into the Senate chambers, but that Saraki has refused to approve the payment of his entitlements.
“My client has since resumed, but he has not been paid his entitlements. That is why we want this court to summon the Respondents to show cause why they should not be committed to prison for refusing to comply with judgment of this court”, Iziyon, SAN, submitted.
He also sought the court’s leave to serve a copy of the contempt charge on both the Senate and Saraki, through substituted means, because it has been very difficult to serve the respondents.
Justice Nnamdi Dimgba, who is the court’s a vacation judge, said the court would communicate a hearing date to Omo-Agege.
The court on May 16 refused a joint application that Senate and Saraki, who were sued as 1st and 2nd Defendants, for a stay of execution of the May 10judgment, with which the court voided Omo-Agege’s suspension from attending plenary for 90 legislative days.
The Senate and Saraki had, through their lawyer, Mahmud Magaji (SAN), prayed the court to suspend Omo-Agege’s resumption, pending hearing and determination of the appeal against his recall.
The court had, in the judgment, held that the reason the Senate gave for suspending Omo-Agege from plenary, was unconstitutional.
It noted that the Ethics and Privileges Committee of the Senate recommended that Omo-Agege should be suspended to punish him for instituting legal action against the legislative house.
The court further held that while the Senate has the powers to sanction its erring members to protect its integrity, he said no institution or authority has the powers to deny any citizen his right of access to the court.