Omo-Agege's suspension, which was expected to last for 90 legislative days, followed a report of the Senate Committee on Ethics Privileges and Public Petitions.
The President of the Senate, Bukola Saraki, had on Tuesday last week inaugurated the ad hoc committee, noting that there were reports that those who attacked the Senate were led by a serving senator.
Specifically, Justice Dimgba noted that the defendants, in their motion, erroneously sought for stay of execution of judgment they claimed granted all the reliefs that were sought before the court by the plaintiff. And to be genuine, it must realistically target the actual decision that was reached by the court, and which enforcement is being asked to be stayed.
"Looking at the grounds of the application as well as the notice of appeal submitted to support the application, I am of the view that the grounds and notice of appeal are targeted at a different decision of the court made on May 10, 2018".
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Mr Omo-Agege had approached the court to determine whether the Senate has authority to investigate and even discipline a senator, whose case is already before a court of law.
Contrasting the attitudes of both the Federal Government and the Senate to court orders, Falana said the Red Chamber's decision on Tuesday "is highly commendable in a country where official impunity has since been institutionalised". "I hereby dismiss the application".
According to News Agency of Nigeria (NAN), Omo-Agege was seen signing the attendance register at the upper chamber, and immediately walked into the chamber for proceedings of the day.
The matter was referred to the Committee on Ethics and Privileges to investigate which recommended 181 days of suspension.
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He maintained that suspending the Senator for more than 14 days was denying his constituents the required representation and held, however, 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.
"This court is minded to say that the reason for the suspension of the plaintiff by the 1st and 2nd defendants was unconstitutional", Justice Dimgba said and ordered the Senate to pay Omo-Agege all his salaries and allowances.
Omo-Agege had approached the court with a suit marked FHC/ABJ/CS/314/2018, challenging his suspension from the Senate, saying it was illegal.
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