The Federal High Court in Abuja on Thursday nullified the suspension of Senator Ovie Omo-Agege and declared it illegal.
The senator representing All Progressives Congress (APC) in Delta was suspended by the senate because he openly criticized 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 election 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 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 Nigerian 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,” said the judge.
The judge also said that the 90 legislative days suspension was against Order 67, Rule 4 of the Senate Standing Rules which provided for a lawmaker to be suspended for only 14 legislative days.
He maintained that suspending the senator for more than 14 days was denying his constituents the required representation.
He, however, held that the legislature had the powers to sanction any lawmaker who set out to make comments or act in a way that could bring disrepute to the institution.
But that the legislature went out of track and arrived at a wrong and false end by punishing the senator for exercising his rights.
According to him, Omo-Agege’s rights was not breached when the senate referred him to its committee on Ethics, Privileges and Public Petitions as he erroneously believed.
Omo-Agege, who represents Delta Central Senatorial District, filed the suit to challenge his suspension from the senate.
He asked 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 and to make any order that it may be deem fit.