ABUJA- The Abuja Division of the Federal High Court has nullified the suspension of Senator Ovie Omo-Agege by the Senate.
Earlier, the court dismissed a notice of preliminary objection filed by the 1st and 2nd defendants, challenging jurisdiction of the court to hear the suit.
He dismissed Omo-Agege's claim that he was denied fair hearing by the Senate Committee, stressing that "documents before the court showed that the plaintiff was afforded the opportunity to be heard".
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 the constitution.
A stay of execution is a court order to temporarily suspend the execution of a court judgment or another court order.
Omo-Agege, representing Delta Central, had approached the court, after the Senate's committee on ethics and privileges began investigating his comments condemning the Senate over the National Assembly's decision to amend the electoral act.
The committee said he should be suspended for 181 legislative days.
That was also frowned at by the judge who said it was an abuse of the Senate's powers.
A Nigerian court has nullified the suspension of a senator from the country's parliament, saying the basis for penalizing the lawmaker "violently violates" the constitution.
The state chairman of the group, Abba YAbdullahi, said the action of the senate constitutes an affront to the law and principles of human right and free speech.
Aside the Senate and its President, the AGF, Abubakar Malami (SAN), was equally cited as a defendant in the suit dated March 26.
Omo-Agege had accused the Senate of targetting President Muhammadu Buhari with the Electoral Act Amendment, especially that aspect that deals with modification of election sequence.
Justice Dimgba had explained that judging from the reports filed against him by the Senate's Ethics and Privileges Committee, the senator was punished for filing a suit against the Senate after apologising to the legislative house over the allegation leveled against him.
The judge therefore cancelled Omo-Agege's suspension.