The Attorney-General of the
Federation (AGF) Mr Abubakar Malami, (SAN) told the Federal High Court Abuja on
Monday that the suspension of Sen. Ovie Omo-Agege was unconstitutional, illegal
and unlawful.
Malami, who is the 3rd defendant
in the ongoing suit brought by Omo-Agege challenging his suspension from the
Senate, made his position known through his counsel, Mr Dayo Apata.
Apata, who doubles as the
Solicitor-General of the Federation, in his submission, said that 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 in his submission, 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.
Earlier, the court refused an
application by Sen. Samuel Anyanwu and Sen. 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, 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.
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