The Senate has filed a notice of appeal and a stay of execution on a High Court judgement nullifying the suspension of a senator, Ovie Omo-Agege. Olu Onemola, an aide to the Senate President, Bukola Saraki, made this known on Thursday evening.
“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,” he wrote.
A stay of execution is a court order to temporarily suspend the execution of a court judgment or another court order.
Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court gave the ruling nullifying the suspension on Thursday.
Mr Dimgba said the Senate’s decision regarding the suspension, as well as the pattern adopted by the National Assembly, was constitutionally defective.
He said the Senate has no power to suspend a senator for more than 14 days.
Mr Omo-Agege was suspended for 90 days by the Senate after he accused his colleagues of working against President Muhammadu Buhari by amending the electoral act. The Senate said the suspension was not because of Mr Omo-Agege’s comments on the election re-oreder but for his move of approaching the court over the matter.
That was also frowned at by the judge who said it was an abuse of the Senate’s powers.
“Access to court is a constitutional right which cannot be taken away,” Mr Dimgba said.