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Tag: Omo-Agege

  • Senate versus Omo-Agege: Who blinks first?

    THE fireworks raging between the senate and one of its own, senator Ovie Omo-Agege, appear to be unabating.

    Issues surrounding the suspension of the Delta central lawmaker and the subsequent invasion of the Senate chamber by unknown persons on April 18, are still very much on the front burner.

    With the ruling of an Abuja High Court, which invalidated the 90-day suspension the Senate slammed on Omo-Agege, it was thought the Senate would beat a tactical retreat. That was not to be.

    Recent events may have shown that the end of the political firecracker is not in sight. Apart from Omo-Agege who seems to be the face of the fight, other persons are lining up on both sides of the divide.

    It all started with the controversial amendment of the Electoral Act which reordered election sequence in the country; then the sustained onslaught by Senator Abdullahi Adamu and his group to scuttle the amendment.

    Omo-Agege, a member of the group of nine that opposed the amendment, was assumed to have played a pivotal role in the sudden death of the amendment.

    Beyond testing the legality of the suspension of Omo-Agege in court, observers say the issue of ego has also crept into the matter. Personality and apparent show of who is in charge, may lead the Senate to go for the kill, it was gathered.

    The ground works to go for the broke is said to have been signed and sealed. What remains from the look of things and the body language of some principal actors in the unfolding scenarios in the upper legislative chamber, may just be to deliver the blows.

    The targets are also known, just as they may know what awaits them. Palpable assignment almost immediately by inviting those it felt could assist it with information about what went wrong.

    The invitation of Omo-Agege to appear before the panel may be understood due to unconfirmed reports making the round after the invasion.

    The summon of Ndume to face the panel was a bit curious. Na’Allah explained that Omo-Agege and Ndume were invited to answer questions on allegation of aiding the invaders to force their way into the chamber to snatch the mace.

    The invitation was said to have been sequel to testimonies by heads of different security agencies within the National Assembly who claimed that “Omo-Agege led seven unauthorised persons into the chamber.” The action of the chamber invaders was said to have “disrupted plenary.”

    It was gathered that Ndume was invited for allegedly preventing the Sergeant-At-Arms who keeps the Mace, from taking it away to safety.

    The invitation letter read in part: “Based on the testimony of the Sergeant At Arms before the committee, you (Mr. Ndume) are alleged to have prevented the mace keeper from taking away the mace to safety. The committee has, therefore, deemed it necessary to invite you in order to respond to that allegation.

    The committee’s invitation to Omo-Agege said: “Based on the testimony of the National Assembly Divisional Police Officer (DPO), the Department of State Service (DSS) and the Sergeant at Arms, you are alleged to have entered the National Assembly accompanied by seven persons who allegedly took the mace of the Senate during plenary session on April 18, at about 11:30 a.m.

    “All those who testified stated that the said people were cleared into the chamber based on your confirmation that they were with you.

    “The committee, in pursuance of this, has deemed it necessary to formally invite you to respond to these allegations.”

    The National Assembly Divisional Police Officer, Sulu-Gambari Abdul, accused Ndume and Omo-Agege of conspiring with thugs who invaded the Senate chamber and took away the mace on April 18, 2018

    For Abdul, the invasion of the Senate was an act of internal conspiracy among some security agencies and some lawmakers.

    The operative’s testimony may have confirmed widely held view of the complicity of security agencies in the celebrated invasion.

    Omo-Agege may be walking a tight rope. He resumed plenary on Wednesday following his legal victory. He is enjoying the respite granted him by the court against the initial opposition mounted against his resumption by the Senate.

    The Delta central senator, no doubt, is fighting a battle of his life. It is not clear which way the pendulum may swing. What is clear though is that the Senate may never be the same again no matter who wins the legal battle.

  • Senate fails to stop Omo-Agege

    A FEDERAL High Court in Abuja has rejected an application by the Senate to say execution of the judgment voiding its suspension of Senator Ovie Omo-Agege.

    Justice Nnamdi Dimgba, in a ruling yesterday, held that the application, in addition to the notice of appeal attached to it, was wrongly directed.

    The judge noted that the application did not show that it was targeted at the court’s judgment of May 10, declaring Omo-Agege’s suspension as unlawful.

    Justice Dimgba noted that, while the application said it sought a stay of the judgment in which all the plaintiff’s reliefs were granted, the May 10 judgment did not grant reliefs one to seven of the plaintiff, but merely made consequential order under the omnibus prayer.

    The judge said: “An application that is desirous of the court’s exercise its discretion must be an application that is genuine. 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 ground of the application as well as the notice of appeal submitted to support the application, I am of the view that the ground and notice of appeal are targeted at a different decision of the court made on May 10, 2018.

    “The ground of the application as well as the notice of appeal attacks a decision where all reliefs of the plaintiff were granted, whereas, by the record of this court, in the judgment delivered by this court on May 10, 2018, all the seven main reliefs of the plaintiff were refused.

    “The court only made an order pursuant to the eight omnibus relief, on the basis that the sole reason given for the recommendation and the subsequent suspension of the plaintiff was an unconstitutional reason.

    “I have seen nothing, either in the application or the notice of appeal, that attacks or targets that sole conclusion of the court.

    “On the sole reason that the application and the notice of appeal do not show that they are targeted at the judgment of this court of May 10, 2018 sought to be stayed, I believe that I am left with no choice than to exercise my discretion in refusing the application. I hereby dismiss the application.”

    The Senate and its President, Bukola Saraki, had sought to stay the execution of the May 10 judgment pending the determination of an appeal they claimed to have filed.

    Senator Omo-Agege attended plenary yesterday.

    The News Agency of Nigeria (NAN) correspondent reports that Omo-Agege was seen signing the attendance register at the upper chamber, and immediately walked into the chamber for proceedings of the day.

  • Senate, Saraki fail in bid to stay judgment voiding Omo-Agege’s suspension

    A Federal High Court in Abuja on Wednesday rejected an application filed by the Senate, seeking stay of execution of judgment voiding the suspension of Senator Ovie Omo-Agege.

    Justice Nnamdi Dimgba ruled that the application and the notice of appeal were wrongly directed.

    The judge noted that the application did show that it was targeted at the court’s judgment of May 10, declaring Omo-Agege’s suspension as unlawful.

    He said while the application sought a stay of execution of judgment on the matter, the May 10 judgment did not grant reliefs to the plaintiff but merely made consequential order under the omnibus prayer.

    The judge said: “An application that is desirous of the court’s exercise of its discretion must be an application that is genuine. 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 ground of the application as well as the notice of appeal submitted to support the application, I am of the view that the ground and notice of appeal are targeted at a different decision of the court made on May 10, 2018.

    “The ground of the application as well as the notice of appeal attacked a decision where all reliefs of the plaintiff were granted, whereas, by the record of this court, in the judgment delivered by this court on May 10, 2018, all the seven main reliefs of the plaintiff were refused.

    “The court only made an order pursuant to the eight omnibus relief, on the basis that the sole reason given for the recommendation and the subsequent suspension of the plaintiff was an unconstitutional reason.”

    “I have seen nothing, either in the application or the notice of appeal that attacked or targeted that sole conclusion of the court.”

    Read Also: Omo-Agege attends Senate plenary

     

  • Omo-Agege attends Senate plenary

    Senator representing Delta Central Senatorial District Sen. Ovie Omo-Agege on Wednesday appeared before the Senate in plenary.

    Omo-Agege was seen signing the attendance register within the upper chamber.

    The Senate on April 12, suspended Omo-Agege (APC-Delta) over a “dissenting comment’’ on decision of the Upper Chamber on adoption of conference report on Electoral Act (2010) Amendment Bill.

    Omo-Agege, however went to court to challenge his suspension and the court in its ruling, declared the action unconstitutional, saying that the Senate could not suspend a member beyond 14 days.

    The Senate appealed the ruling but said in a statement that while it was waiting for a stay of execution, it would not stop the lawmaker from resuming plenary.

    NAN reports that Justice Nnamdi Dimgba, of Federal High Court on May 10, held that while the National Assembly had the power to discipline its erring members, the premise on which Omo-Agege’s suspension was anchored was illegal.

    Although the court refused to grant any of the seven prayers sought by the senator, ‎it held that the suspension could not hold on grounds of the “violence” it did to the Constitution.

    The judge noted that from the wording of the report of the Senate’s Ethics and Privileges Committee which recommended Omo-Agege’s suspension, he was punished for filing a suit against the Senate after apologising to the legislative house over the allegation leveled against him.

    “Access to court is a fundamental right in the Constitution, which cannot be taken away by force or intimidation from any organ,” the judge ruled.

    The judge also added that the Senate’s decision to punish Omo-Agege for filing a suit against the Senate and for punishing him while his suit was pending constituted an affront on the judiciary.

    He added that even if the Senate had rightly suspended the senator, it could only have suspended him for only a period of 14 days — as prescribed in the Senate rules.

    Read Also: Court sets aside Omo-Agege ’s suspension

    He also ruled that the principle of natural justice was breached by the Senate’s Ethics and Privileges Committee by allowing Senator Dino Melaye, who was the complainant, to participate in the committee’s sitting that considered the issue and also allowed him to sign the committee’s report.

    The judge therefore nullified Omo-Agege’s suspension “with immediate effect.”

    He also ordered that the senator be paid all his allowances and salaries for the period he was illegally suspended.

     

    NAN

  • Sen. Omo-Agege absent from plenary

    Embattled Senator Ovie Omo-Agege, who vowed to attend Tuesday’s plenary of the senate in compliance with a court decision failed to turn up.

    The Senate on April 2, suspended Omo-Agege (Delta-APC) over a “dissenting comment’’ on decision of the Upper Chamber on adoption of conference report on INEC Commission Act (2010) Amendment Bill.

    Omo-Agege, however went to court to challenge his suspension and the court in its ruling, declared the action unconstitutional, saying that the Senate could not suspend a member beyond 14 days.

    The Senate appealed the ruling but said in statement that while it was waiting for a stay of execution, it would not stop the lawmaker from resuming plenary.

    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.

    Chairman of the committee, Sen. Sam Anyanwu, had said the committee’s probe followed a Point-of-Order raised by Sen. Dino Melaye (Kogi-APC) on the matter.

    According to Anyanwu, Melaye drew Senate’s attention to a media briefing by Omo Agege, faulting senate’s adoption of the conference’s report on Feb.14.

    He said that Melaye further intimated the senate that the media briefing by Omo Agege indicated that the resolution of the senate was targeted at President Muhammadu Buhari.

    His suspension 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.

    Justice Nnamdi Dimgba of Federal High Court on May 10, held that while the National Assembly had the power to discipline its erring members, the premise on which Omo-Agege’s suspension was anchored was illegal.

    Although the court refused to grant any of the seven prayers sought by the senator, ‎it held that the suspension could not hold on grounds of the “violence” it did to the Constitution.

    Read Also: Senate: We won’t stop Omo-Agege from resuming

    The judge noted that from the wording of the report of the Senate’s Ethics and Privileges Committee which recommended Omo-Agege’s suspension, he was punished for filing a suit against the Senate after apologising to the legislative house over the allegation leveled against him.

    “Access to court is a fundamental right in the Constitution, which cannot be taken away by force or intimidation from any organ,” the judge ruled.

    The judge also added that the Senate’s decision to punish Omo-Agege for filing a suit against the Senate and for punishing him while his suit was pending constituted an affront on the judiciary.

    He added that even if the Senate had rightly suspended the senator, it could only have suspended him for only a period of 14 days — as prescribed in the Senate rules.

    He also ruled that the principle of natural justice was breached by the Senate’s Ethics and Privileges Committee by allowing Senator Dino Melaye, who was the complainant, to participate in the committee’s sitting that considered the issue and also allowed him to sign the committee’s report.

    The judge therefore nullified Omo-Agege’s suspension “with immediate effect.”

    He also ordered that the senator be paid all his allowances and salaries for the period he was illegally suspended. (NAN)

  • Senate: We won’t stop Omo-Agege from resuming

    The Nigerian Senate said Monday night that it will not  from attending plenary on Tuesday, in compliance with a Federal High Court order.

    The Senate had initially stated it would not respect the order, since it has filed an appeal, in a higher court.

    But in a sudden twist, the Senate gave its new position in a statement by its spokesman, Senator Sabi Aliyu Abdullahi, chairman of the Committee on Media and Publicity.

    “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.

    “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”, said Sabi Abdullahi.

    The senate backpedalling came hours after Senator Omo-Agege vowed to attend today’s session despite the reported beefing up of security by the National Assembly authorities.

    Omo-Agege spoke at the APC National secretariat citing his legal victory.

    Last week Thursday, a Federal High Court in Abuja nullified the suspension of Omo-Agege for 90 days by his colleagues and declared it illegal.

    Justice Nnamdi Dimgba ordered his reinstatement with immediate effect.

    The senator representing All Progressives Congress (APC) in Delta Central, was suspended by the senate because he openly criticised 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 disfavor 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 also presided over by Justice Nnamdi Dimgba declared Omo-Agege’s 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 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.”

    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 right was not breeched 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

  • I may report for Senate’s plenary today, says Omo-Agege

    SENATOR Ovie Omo-Agege (Delta Central) has said that he will likely to attend today’s plenary of the Senate, following the judgment of the court, which declared his suspension illegal.

    Senator Omo-Agege told reporters at the APC secretariat in Abuja that there was no reason why he should not report to the Senate sitting having upturned his suspension.

    But security was yesterday beefed up at the National Assembly ahead of expected resumption of Omo-Agege.

    The senator, however, he was confident that the Senate and those involved in the case have been served the court’s judgment.

    He said the judgment was not necessarily based on the merit of his case, but because the Senate suspended him while his case was pending before the court, which was an act of contempt of court.

    When asked if he would report for the Senate sitting today, he said: “Absolutely.”

    But he was quick to add that his reporting to the Senate would depend on the advice of his counsel.

    The senator said: “The enrollment of the court order is being served on the Senate as we speak and I believe that it has been served on the Senate. Thereafter, I reserve the right to resume whenever I deem fit.

    “I don’t expect any resistance because that will have its own consequences. This is a court order and you must understand the basis of the court’s judgment. The court rendered that judgment because it felt that they were contemptuous.

    “My matter was in court and notwithstanding, they proceeded to purportedly suspend me. It was on that basis that the court exercises its disciplinary power to reverse the suspension and not necessarily on the merit of my case. Now, I understand that they have gone to court to ask for a stay of that judgment.

    “For those of you who are familiar with the law, that is an equitable relief. He who comes to equity must come with clean hands. You cannot be in contempt of the court and at the same time ask the court to grant you an equitable relief of stay.

    “In any case, it is a declaratory judgment, which is not stay-able in law, and the judge said with immediate effect. So, I don’t need any other action to take my seat. So, to answer your question, I will show up any time I deem fit.

    “There is no reason why I should not show up tomorrow. More likely, I will be in the Senate tomorrow.”

    It was gathered that strengthening of security arrangement at the complex, especially around the Senate Chambers, is to forestall likely security breach as recorded on April 18, when some hoodlums stormed the chambers and made away with the Mace.

    The incident, which occurred while plenary was ongoing in the chambers was linked to Omo-Agege, who defied the suspension order on him and attended the proceedings, accompanied by some strange fellows into the chamber.

    News Agency of Nigeria (NAN) reports that apart from full security detail in the red chamber yesterday, police officers were seen at the lobby leading into the chamber, a development that was unusual on a non-sitting day.

    Sergeants-at-Arms were also seen in clusters discussing in hush tones, and apparently perfecting the security beef-up.

    Some staff of the assembly, who pleaded anonymity, told NAN that the development was not unconnected with the expected return of Omo-Agege to the chamber today after the court judgment in his favour.

    They confirmed that the move was to check likely break down of law and order as experienced when the mace was forcefully taken away.

  • Omo-Agege hails conduct of APC congress

    The Senator representing Delta Central Senatorial district, Ovie Omo-Agege, has commended the conduct of the local government congress of the All Progressives Congress (APC) in the state.

    The congress was held across the 25 LGAs of the state on Saturday.

    The senator, who addressed journalists shortly after the congress, said he was happy that unlike what happened in Rivers State, APC members in Delta conducted themselves very well throughout the period of the exercise.

    Omo-Agege spoke in a statement issued by his media office in Abuja.

    He said: “The congress has come and gone. We are happy with the outcome. Our supporters and those affiliated with us have come victorious.

    “We are also aware that there was an attempt to run a parallel congress by political miscreants and minority in the state but that was by a body which was not authorised by the national body but our congress was conducted by the panel that was sent from Abuja.

    “But I believe that they will all see the need to come together as one in common goal. The real enemy here is the PDP. I’m very hopeful that in no time we will come together to project the state for the next general election.”

    The senator commended the Sani Dododo-led congress committee for keeping to the constitution in carrying out their duties.

    He expressed gratitude to all the chairmen and members of the local government executive that emerged from the congress.

    “Also those who emerged as state delegates from the national delegate. My congratulations to them. I also wish to congratulate the state led executive under Prophet Jones Erue for the leadership it provided. There was little or no violence,” he added.

     

     

     

  • Court sets aside Omo-Agege’s suspension

    A Federal High Court in Abuja on Thursday set aside the suspension of the Senator representing Delta Central Senatorial District, Ovie Omo-Agege, by the Senate

    Justice Nnamdi Dimgba, in a judgement, faulted the reason given by the Senate to suspend Omo-Agege for 90 legislative days and described it as unconstitutional.

    Justice Dimgba, who condemned the Senate’s Ethics and Privileges Committee for recommending Omo-Agege’s suspension for suing the upper legislative house, said the Senate lacks the power to penalise its member for going to court.

    The judge said while the Senate has the powers to sanction its erring members to protect its integrity, he added that no institution or authority has the powers to strip any citizen of his right of access to the court.

    Justice Dimgba noted that whereas Sections 67(4) of the Senate Standing Rules 2014 and Section 21(2) of the Legislative Houses Powers and Privileges Act allow for the suspension of any erring member for 14 legislative days, the Senate exceeded the provisions by handing  Omo-Agege 90 days suspension.

    He said: “The suspension of the plaintiff for 90 days is ultra-vires of powers of the 1st defendant (Senate). Any suspension of a member of the Senate which exceeds 14 days, is null and void and unconstitutional,” the judge said.

    The judge ordered the Senate to recall the plaintiff immediately and equally pay him any salary or allowances that accrued to him within the period he was illegally suspended.

  • Omo-Agege’s suspension illegal, AGF tells court

    THE suspension of Senator Ovie Omo-Agege (Delta Central) by the Senate is illegal, Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami (SAN) has said.

    Malami, who is the third defendant in the ongoing suit brought by Omo-Agege challenging his suspension from the Senate, spoke through his counsel, Mr. Dayo Apata. The case is before a Federal High Court in Abuja.

    Apata, who is the Solicitor-General of the Federation, in his submission, said the role of the AGF was to defend and protect the constitution, adding that he had to react to any issue that had  to do with the constitution.

    “According to Section 4(8), 39, 40 of the Constitution and Articles of the African Charter on Human Rights, all the actions of the Senate relating to the suspension of the plaintiff (Omo-Agege) are unconstitutional, illegal and unlawful.”

    The solicitor-general urged the court to hold that the Senate’s actions were unlawful.

    Mr. Mahmud Magaji (SAN), counsel to the Senate and the Senate President, in his submission, urged the court to dismiss the suit on the grounds that the senator had himself, participated in the suspension of other senators.

    “The plaintiff is not an ordinary senator but a lawyer and a member of the Senate Committee on Ethics and Privileges.

    “He has participated in several committee meetings leading to the suspension of other senators such as Ndume. So, he who lives by the sword, should die by the sword.

    “He who has participated in the suspension of his colleagues cannot now run to the court for protection.

    “He swore to an oath to be bound by the rules of the Senate, including the standing orders,” Magaji said.

    Mr. Alex Iziyon (SAN), counsel to Omo-Agege, prayed the court to consider what had been done by the Senate as an affront to the dignity of the court.

    Iziyon argued that the court had the powers to pull down what has been done by the Senate.

    He said this was on the grounds that while the matter was still pending in court, the Senate went ahead and slammed the 90 legislative days’ suspension on his client.

    Having listened to submissions from all the counsel, the judge, Justice Nnamdi Dimgba, adjourned the matter until May 10 to deliver judgment.

    The court refused an application by Senator Samuel Anyanwu and Senator Bala Ibn Na’allah, Chairman and Vice Chairman, Senate Committee on Ethics, Privileges and other Petitions.

    The senators had applied to be joined as parties in the suit but the court refused on the grounds that they were not necessary parties in the suit.

    Mr. Paul Erokoro (SAN), counsel to both senators, had urged the court to allow them to be joined as parties by virtue of the fact that they were chairman and vice chairman of the committee.

    “They are necessary parties in this suit because it is the report their committee produced that the plaintiff seeks to impugned and set aside.

    “Moreover, whatever decision the court takes will affect them and members of the committee because their personal conduct is being questioned,” Erokoro said.

    Omo-Agege 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.