Chidi Samuel|
The federal high court in Abuja on Thursday nullified the suspension of Ovie Omo-Agege, a Delta central senator by the Senate.
The Presiding Judge, Justice Dimgba Igwe held that even though the Senate had the power to discipline its erring members, he, however, said the premise on which Omo-Agege’s suspension was anchored is illegal and unconstitutional.
According to the Judge, the wording of the report of the senate’s ethics and privileges committee which recommended Omo-Agege’s suspension, showed that he was punished for filing a suit against the Senate after apologising over the allegation levelled against him.
The judge said, ”Access to court is a fundamental right in the constitution which cannot be taken away by force or intimidation from any organ.”
He further said the Senate’s decision to punish Omo-Agege constituted an affront on the judiciary as they could only have suspended him for only a period of 14 days as prescribed in its rules.
Justice Dimgba Igwe stated that the principle of natural justice was breached by the Senate’s ethics and privileges committee by allowing Dino Melaye, who was the complainant, to be involved in the committee that considered the issue.
He, therefore, nullified Omo-Agege’s suspension ”with immediate effect” and also ordered that the senator should be paid all his allowances and salaries for the period he was illegally suspended.
The Senate has indicated its intention to appeal the ruling.