The Nigerian Senate says it will not prevent Senator Ovie Omo-Agege, representing Delta Central senatorial district at the National Assembly from resuming on Tuesday.
Spokesman of the upper legislative chamber, Senator Sabi Abdullahi said this on Monday, May 14 while reacting to the court judgment which voided the suspension of the Delta Central lawmaker.
ALEDEH recalls that Senator Omo-Agege had gone to court to challenge his 90 legislative days suspension by the Senate and the court in its ruling declared the action unconstitutional, saying that the Senate could not suspend a member beyond 12 days.
The suspension of the Delta Central lawmaker was based on his comment that amendment to section 25 of the electoral act, 2010 (as amended), bordering on reordering of elections sequence was targeted at President Muhammadu Buhari.
In a statement, Abdullahi said as an institution that has regards for the court, Omo-Agege would be given access to the red chamber on Tuesday.
“The Senate leadership has been briefed by our lawyers on last Thursday judgement of the federal high court, Abuja, on whether the Senate has the legal authority to suspend a member for certain misconduct or not,” the statement read.
“We have equally filed an appeal against the judgement of the court and a motion for stay of execution of the judgement at the court of appeal.
“As an institution that obeys the law and court orders, the Senate has decided that it will comply with the judgement of the federal high court and do nothing to stop Senator Ovie Omo-Agege from resuming in his office and at plenary from tomorrow May 15, 2018, pending the determination of the application for stay of execution.
“The Senate has been advised that since the motion for stay of execution of the Thursday (May 10, 2018) judgement shall be heard and possibly determine on Wednesday, May 16, 2018, we shall, therefore, respect the subsisting high court judgement and await the appellate court decision on the pending motion.”
Meanwhile, the statement is coming at a time the senator said he would take his seat during proceedings of the upper legislative chamber on Tuesday, May 15.
“As far as I am concerned, based on my knowledge of the law, that purported suspension by Saraki has been vacated with immediate effect. They have the right to appeal and they have already filed it. But they are not entitled to the equitable relief of stay of the court’s judgment.
“He who must come to equity must go with clean hands. Their hands are not clean and that was why we got the declaratory order. There is no reason why I should not show up tomorrow. Most likely than not I will be in the Senate tomorrow,” Omo-Agege said.