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.