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Court Nulifies Omo-Agege’s Suspension …As Melaye Knows Fate On Bail, May 16
The Federal High Court in Abuja, yesterday, nullified the suspension of Senator Ovie Omo-Agege and declared it illegal.
The senator representing All Progressives Congress (APC) in Delta Central was suspended by the Senate because he openly criticised the amendment of election sequence carried out by the Senate.
He accused the senators of making provision for election sequence in the amended Electoral Act in disfavour of President Muhammadu Buhari.
The 2019 general elections sequence released by the Independent National Electoral Commission (INEC) placed the presidential election first, but the senators reversed it
Buhari refused to assent to the bill and the court had also ruled that the Senate had no power to alter the sequence of election as fixed by INEC.
The court presided over by Justice Nnamdi Dimgba declared Omo-Agege’s suspension unconstitutional.
Omo-Agege, a lawyer had challenged his suspension in court.
Dimgba said that the reason given by the Senate and the Senate President 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.”
Dimgba also ordered the Senate to pay Omo-Agege any 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 further stated 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.”
But that the legislature went out of track and arrived at a wrong and false end by punishing the senator for exercising his rights.
Meanwhile, embattled Senator Dino Melaye will know his fate on May 16, 2018 as the trial judge in his bail application has reserved judgement for that date.
Justice Nasir Ajana adjourned, yesterday, after listening to arguments from both the prosecuting counsel, Dr. Alex Iziyon (SAN) and the defense counsel, Chief Mike Ozekhome (SAN).
Earlier, the prosecuting counsel had told the trial judge not to grant the bail application, as the defendant had been certified fit to stand trial.
He filed a counter affidavit to the effect that Melaye had made an attempt to escape by jumping out of the Police van taking him to Lokoja.
Ozekhome, in his response, said that the senator managed to run away from the scene after being tear-gassed; adding that someone who wanted to escape justice would either run to his village or any other place where he would not be easily reached; but that in Melaye’s case, he ended up in National Hospital, Abuja.
Iziyon also argued that he did not believe for one minute that the senator was being treated in any hospital, saying that Melaye only feigned an ailment after he attempted to escape when being taken to Lokoja.
He argued that the defense counsel had not been able to prove that the alleged ailment was beyond the responsibility of the prison.
Iziyon said that there were medical facilities that could adequately take care of the defendant since it has not been proved that the so-called ailment requires specialist attention that cannot be provided by the prison authorities.
The defence counsel, Ozekhome (SAN), submitted that the prosecuting counsel got it all wrong, arguing that the Constitution allows a high court judge to administer an applicant to bail.
However, the judge held that both parties should agree on where Melaye would be held.
Ozekhome noted that they were in the court on the issue of bail, arguing that there were medical reports from the National Hospital, Abuja, confirming his client’s asthmatic conditions, and injuries in the spines and on the legs.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.