Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court on Thursday nullified the suspension of the senator representing Delta Central, Ovie Omo-Agege.
Dimgba said the Senate’s decision on the suspension and the pattern adopted by the National Assembly, was constitutionally defective.
The judge said the senate has no power to suspend Omo-Agege for more than 14 days.
Omo-Agege had approached the court to seek redress over his suspension for 90 days.
The senate did not take kindly Omo-Agege’s comment that the upper chamber was working against President Muhammadu Buhari.
He was made to apologise and was initially recommended to be suspended for 120 days before it was reduced to 90 days.
Accordingly, the Senator has described judgement as a victory for democracy.
Omo-Agege in a statement by his media aide, Efe Duku, said the victory is not only for him but for the need to ensure that constitution is duly followed by all institutions in Nigeria.
The statement said: “Today’s judgment by Hon. Justice Nnamdi Dimgba rightly nullifying the suspension of the Distinguished Senator Ovie Omo-Agege is consistent with our firm position that the Senate as a foremost national institution should live consistently by example and set the pace in legislative best practices. We are grateful to His Lordship, and indeed the entire judiciary, for affirming once again that ours is a democracy guided by the rule of law and constitutionality.
“We want the good people of this great nation to appreciate this victory for what it is. It is not a victory against the Senate, as there is no war against that great institution. Rather, given his fine understanding of the law, Sen. Omo-Agege believes that there are rare moments that demand the intervention of our courts to enrich the law and our constitutional experience.
“Today’s positive judgement is therefore not necessarily for or about him as an individual. It is about ensuring that no lawmaker is removed arbitrarily from serving his or her people. It is about ensuring that constitutionality, legality, good conscience and due process are the cornerstones of public leadership actions and decisions.
“For their increasingly amazing support, Senator Omo-Agege is very grateful to the good people of Urhobo Nation whom he has the great honour of representing in the 8th Senate. He remains absolutely committed to their fine values of justice, honour and humility in service. His special gratitude also goes to his wonderful family, friends, and well-wishers for their prayers and overwhelming support. Above all, this victory belongs to God and to Him we give the glory.”