The Federal High Court in Abuja has rejected an ex parte application filed by the lawmaker representing Delta Central in the Senate, Senator Ovie Omo-Agege, to stop his suspension by the Senate.
He had, on April 3, filed the ex-parte application before Justice Nnamdi Dimgba, asking the court to order that “all further proceedings against the plaintiff (the Senator) in respect of the allegations referred to the 1st defendant’s (Senate) Committee for Ethics, Privileges and Public Petition” be halted pending the hearing and determination of his main suit.
Omo-Agege asked the court to order parties to the main suit, earlier filed on March 26, 2018, “not to consider, act on or give effect to any recommendation, resolution or decision of the 1st respondent’s (Senate) Committee on Ethics, Privileges and Public Petition.”
The defendants to the suit are the Senate, the Senate President, Dr. Bukola Saraki, and the Attorney General of the Federation, Mr. Abubakar Malami (SAN).
But the Senate, on Thursday, suspended the Senator for 90 legislative days for his comments that the amendment to the Electoral Act 2010 to reorder the sequence of polls in a general election was targeted at President Muhammadu Buhari.
This came after the Federal High Court in Abuja had, on Wednesday, rejected his ex-parte application requesting that parties be ordered to maintain the status quo by suspending all actions concerning the issues raised in respect of the case.
On Wednesday, Omo-Agege’s lawyer, Mr. E. R. Emukpoeuo, had moved his client’s ex parte application filed before Justice Nnamdi Dimgba on April 3, 2017.
Ruling, however, Justice Dimgba refused to grant the order directing parties to maintain the status quo.
The judge held that “in the interest of maintaining the balance of power between the judicial and the legislative organs of government,” he could not grant such orders without hearing from the defendants.
Rather, the judge ordered that the defendants be served with the processes in the suit to enable them to respond to the Senator’s application.
The judge said, “It is hereby ordered as follows:
“That in the interest of maintaining the balance of power between the judicial and the legislative organs of government, I am not minded to granting the reliefs sought for now without hearing from the defendants.
“That the defendants shall be put on notice to appear before me to explain why the interim preservatory order sought should not be granted.
“That this matter shall be accorded an accelerated hearing.”
The judge then adjourned until Friday for hearing.
