The application for stay of execution which the court rejected on Wednesday was filed by the Senate and its President, Dr. Bukola Saraki.
Justice Nnamdi Dimgba, in a ruling yesterday, held that the application, in addition to the notice of appeal attached to it, was wrongly directed.
Justice Dimgba held that the decision of the Senate to suspend Omo-Agege for instituting the suit was a clear breach of Section 4 (8) and 6 (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, saying that, "Access to court is a constitutional right that can not be taken away from".
He therefore held that the motion was not anchored on any cognisable ruling that was delivered by his court and that he could not grant an order for stay of execution as prayed by the defendants. This application is targeted at different decision reached by this court.
The Senate and its President had through their lawyer, Mr. Mahmoud Magaji (SAN), asked the court to suspend Omo-Agege's resumption, pending hearing and determination of an appeal they filed to challenge his recall.
Falana, on Tuesday, renewed his call for the release El-Zakzaky, the cleric's wife, and Dasuki from the custody of the DSS in obedience to court orders, urging the government to emulate the Senate.
The Nigerian Senate and Sen. Omo-Agege
Justice Dimgba said the court has powers under section 4 (8) of the 1999 constitution to intervene in affairs of the Senate, "whether internal or external, when it acts beyond it's powers or in breach of the constitution". "I hereby dismiss it for lacking its merit", he held.
The Senate and Saraki had continued to pursue the application despite welcoming Omo-Agege back for his legislative duties in compliance with the May 10, 2018 judgment.
The lawmaker was suspended for 90 legislative days after he took the upper legislative chamber to court in a bid to prevent his suspension following his disagreement with the position of the senate on the election reordering bill.
Although he later apologized for his comments, the Senate Committee on Ethics and Privileges recommended his suspension for 181 legislative days.
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.
Testimonies was made by various security agencies within the National Assembly accusing Mr Omo-Agege of leading seven unauthorised persons into the Red Chamber which led to the disruption of the Plenary.