- Senator Ovie Omo-Agege, represents Delta Central Senatorial district, has filed a suit against the Senate, the Senate President and Attorney-General of the Federation
- The Delta state senator filed the suit to challenge his suspension from the upper legislative chamber
- Omo-Agege is asking the court to grant an order restraining the defendants, their servants, agents, privies or officers from interfering with his rights as a Senator
The Federal High Court, Abuja on Friday, April 27, fixed Monday, April 30 to hear a suit filed by Senator Ovie Omo-Agege against the Senate, the Senate President and Attorney-General of the Federation.
Omo-Agege, who represents Delta Central Senatorial district, filed the suit to challenge his suspension from the Senate.
The judge, Justice Nnamdi Dimgba fixed the date after refusing to vacate an earlier order he made granting accelerated hearing of the matter.
The Counsel to Omo-Agege, Alex Izinyon, (SAN) had approached the court with an ex parte motion seeking an injunction against the Senate, but the court declined.
The court then asked Izinyon to put the respondents on notice.
Justice Dimgba ordered that the Senate and Senate president to show cause why the reliefs sought by the senator should not be granted.
The court gave the respondents seven days to show cause, ordered an accelerated hearing of the matter and adjourned to April 27, for definite hearing.
However, when the matter was called, Izinyon informed the court that he was ready to move his motion saying that the matter was slated for hearing of the substantive case.
Izinyon also told the court that the respondents had been duly served with the originating summon.
But Mahmud Magaji, (SAN), counsel to the Senate and Senate president, raised an objection, saying that he had filed a memorandum of conditional appearance.
Magaji said he filed an application, seeking the court to set aside its order which granted abridgement of time to hear the matter.
The counsel maintained that he was just briefed of the matter on April 19, and that he had not sighted any of the originating processes.
The judge, however, said that the court had proof that the Senate and the Senate president had been served through clerk of the Senate.
“I have to protect the integrity of the court. On two occasions, this court has respected the Senate and as well, I expect the Senate to respect the court,” Dimgba said.
He directed the respondents to serve advance copies of their counter affidavits and other processes on the plaintiffs through email, not later than 7 p.m, April 27.
The judge adjourned the matter until April 30 for hearing of the substantive suit.
Omo-Agege is asking the court to among other reliefs; grant an order restraining the defendants, their servants, agents, privies or officers from interfering with his rights and privileges as a Senator.
“An order of perpetual injunction, restraining the defendants, their servants, agents, privies or officers from interfering with the plaintiff’s rights and or privileges, as a Senator.
The reliefs also including ‘’preventing him from entering or remaining within the precinct or chamber of the Senate or National Assembly”, among others.
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Legit.ng previously reported that condemnations continue to pour in from prominent Nigerians over the action of All Progressives Congress (APC) senator, Ovie Omo-Agege from Delta state. Omo-Agege, who is currently on suspension, defied the authority of the Senate, and stormed the hallowed chambers with thugs who made away with the mace - the red chamber's symbol of authority.
A look at the Legislative Houses (Powers and Privileges) Act of 2018 shows that Omo-Agege broke the law and should as a matter of fact, be heavily punished for his actions.
The Act under 'Conduct of Members' clearly states that; “Any member of a legislative house who assaults or obstructs a member of the legislative house within the chamber or precincts of the house; or assaults or obstructs any officer of the legislative house while on execution of his duty....shall be guilty of contempt of the legislative house.”
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