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  • Senate invasion: Reps approve 180 days’ suspension for Omo-Agege

    The House of Representatives on Tuesday endorsed the recommendations of a joint ad hoc committee of the National Assembly, which recommended the immediate suspension of Senator Ovie Omo-Agege for 180 legislative days.

    The joint committee was constituted to investigate the invasion of the Senate chamber on April 18 and subsequent stolen of the mace.

    The committee’s 10-point recommendation was adopted after Rep. Betty Apiafi (Rivers-PDP), Chairman of the Ad hoc Committee, laid the report at the Tuesday’s plenary session.

    The legislators also called for the immediate prosecution of Omo-Agege (APC, Delta Central) and six other suspects on charges of treasonable felony, assault occasioning harm, conspiracy to steal and actual theft of the mace.

    They resolved that Omo-Agege should also be prosecuted for incitement and breach of peace inside the Senate chamber and contempt ex-facie.

    At its Committee of the Whole, chaired by the Deputy Speaker, Mr Lasun Yusuff, the lawmakers urged the National Assembly management to review the existing security operational procedure.

    This, they resolved would enable the Sergeant-at-Arms to take the lead in providing security in the complex.

    Also, the House recommended special compensation for five members of staff who did their best to retrieve the mace, but were overpowered by the invading thugs.

    It also commended the Deputy Senate President, Sen. Ike Ekweremadu, for refusing to be intimidated by the invasion and upholding his oath of office.

    Recall that Omo-Agege was suspended by the Senate for 90 days in April.

    This followed his comments at a press briefing that the proposed amendment of the 2010 Electoral Act to change the sequence of elections set by INEC was targeted at President Muhammadu Buhari.

    Although, he later apologised for his comments, the Senate Committee on Ethics and Privileges recommended his suspension for 181 legislative days.

    Senate President Bukola Saraki recommended its reduction to 90 legislative days.

    After his suspension, thugs believed to be working for him invaded the Senate and made away with the Mace, the symbol of authority. Omo-Agege, however, denied any involvement with the incident.

    He later challenged his suspension in court and the Federal High Court in Abuja subsequently nullified the action, directing that he should be allowed to resume.

    On May 16, he turned up in the senate and signed the attendance register at about 10.30a.m before proceeding to the upper legislative chambers just as the Senate was going into a closed-door session.

  • Mace Theft Probe: OmoAgege declines comment, says matter in court

    Sen. Ovie Omo-Agege on Tuesday declined comments on the April 18 forceful removal of the Mace in the Senate chambers, saying the matter was pending at the court.

    He made the remark in Abuja when he appeared before members of the Joint Ad Hoc Committee investigating the invasion of the National Assembly by hoodlums.

    Omo-Agege had dragged the National Assembly to court to stop the investigation.

    The committee had last week invited Omo-Agege (APC-Delta) and Sen. Mohammed Ndume (APC- Borno) over their alleged roles in the attack on the Senate.

    The Delta senator allegedly led thugs to the Senate chamber to “steal’’ the Mace while plenary was ongoing on that day.

    The incident occurred few days after he was suspended over a “dissenting comment’’ on Senate’s adoption of conference report on Electoral Act (2010) Amendment Bill and for taking the senate to court.

    Before the probe panel, Omo-Agege said “I will wait until the outcome of the litigation before I speak on the matter”.

    “Ordinarily, I would have loved to seize this opportunity to respond to the allegations you have raised.

    “As a senator, consistent to standing orders, I’m here to inform you that I have gone to court. The parties of the respondents to the suit that I have commenced at the Federal High Court are here enumerated.

    “The Senate of the Federal Republic of Nigeria; President of the Senate; Sen. Bala Na’Allah, and all members of the committee, Clerk of the National Assembly, Attorney-General of the Federation, Inspector-General of Police and the Department of State Service.

    “This action was commenced on the May 21 and I have with me proof of service to indicate that all of the parties have all been served.”

    Earlier, Chairman of the ad hoc committee, Sen. Bala Na’Allah, had told Omo-Agege that some persons who had testified at the probe fingered him as connected with the April 18 invasion of the senate.

    The chairman said “some witnesses have mentioned your name (Omo-Agege). It is only fair that we invite you to shed more light on it.

    He said that three witnesses were unanimous on the fact that from the first gate to the main gate of the National Assembly, the lawmaker “cleared’’ the hoodlums during security check and they were allowed in.

    “At the entrance of the chamber, they accosted the men and allegedly, you said they were with you.

    “The deputy senate president also testified before us and said he was presiding on that day and he noticed you coming with those men toward the Mace table and that as soon as you got to the Mace table, you turned left.

    “And, the men took the Mace and left the chamber fighting everybody, and in the process wounding some people,” Na’Allah said.

    He said that he was not served any summons from the court as claimed by Omo-Agege.

    “I cannot be served by my office. You should know this.

    “I have no problem receiving service, maybe, due to my inadequate knowledge of the law; the service has to be personal.”

    The chairman, however, said that the committee was not bound by law not to investigate the allegations against the lawmaker.

    In his contribution, a member of the committee, Sen. Shehu Sani (APC- Kaduna) said that Omo-Agege should be able to defend his actions.

    “I came here to hear a revolutionary speech to defend your actions. If he is not ready to speak, we should not sit here and be discussion other issues,” he said.

    On her part, Co-chairman of the committee, Rep. Betty Apiafia, said that Section 62 of the Constitution did not stop the members from investigating the matter.

    Meanwhile, Sen. Ndume, who is accused of being an accomplice in the mace theft, denied any wrong doing.

    “I didn’t know we were that exposed, for some people to come and take the mace and ran away.

    “For me to prevent someone from doing his job is totally out of place because I don’t have the authority to do that.

    “I did not do that, I cannot do that and I don’t have the authority to do that,” Ndume said.

  • BREAKING: Omo-Agege, Ndume appear before investigative panel on senate invasion [Photos]

    Delta Central senator, Ovie Omo-Agege, on Tuesday honoured the invitation of an ad-hoc committee drafted to investigate the incident of the chamber invasion.

    The committee was set up by the Senate and the House of Representatives.

    Ali Ndume, another senator invited by the committee, was also in attendance Tuesday afternoon.

    Mr Omo-Agege was on sit as at 12:16 a.m. when the committee commenced the sitting while Mr Ndume walked in at about 12:20 a.m.

    The senators are expected to answer questions on their roles in the invasion of the Senate chamber last month.

    The Senate in April suspended Mr Omo-Agege for accusing his colleagues of working against President Muhammadu Buhari’s re-election plans in 2019. The senator made the accusation after his colleagues adopted the amendment to section 25 of Electoral Act outlining a change in the sequence of elections.

    A week after the suspension, hoodlums invaded the Senate carting away the mace, the Senate’s symbol of authority.

    The mace was later recovered by the police.

    The hoodlums are believed to have been led by Mr Omo-Agege, who has however, denied any wrongdoing.

    The committee in its first sitting invited the two senators after police witnesses mentioned them as culpable in the invasion and subsequent mace theft.

  • Mace theft: National Assembly panel summons Omo-Agege, Ndume

    The joint Senate and House of Representatives ad hoc committee investigating the invasion of the Senate chamber and the snatching of its mace has invited Senators Ovie Omo-Agege and Ali Ndume.

    The lawmakers were invited over their alleged roles in the attack on the Senate.

    The chairman of the committee, Senator Bala Ibn Na’Allah, announced the summons after a sitting by the panel.

    Na’Allah, who read out the synopsis of the letter to be sent to the senators, noted that the testimonies given by various security personnel at the National Assembly Complex before the panel had implicated Omo-Agege and Ndume.

    On Ndume, he said, “Based on the testimony by the sergeant-at-arms before the committee, you 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.”

    On Omo-Agege, Na’Allah said, “Based on the testimony of the Divisional Police Officer, the Department of State Services 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 the plenary session on April 18, at about 11:30 am.

    “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, pursuant to this, has deemed it necessary to formally invite you to respond to these allegations on Wednesday, May 16, at 11:00 am.”

    The President of the Senate, Bukola Saraki, had on Tuesday last week inaugurated the ad hoc committee, noting that there were reports that those who attacked the Senate were led by a serving senator.

    “It has been inferred in many quarters that this group of thugs and urchins were led by a serving distinguished senator of the Federal Republic of Nigeria, (this) is most despicable and unspeakable,” Saraki said.

    Na’Allah had also noted that all those suspected to have links with the attack would be interrogated.

    “In the coming days, those who have a responsibility to offer explanations on this matter will appear before the committee,” he said.

    The DPO, National Assembly Division, Mr. Abdul Sulu-Gambari, during his appearance before the panel last week, had accused the lawmakers of conspiracy in the attack.

    When contacted on Tuesday, Ndume declined to comment on the attack and his invitation by the probe panel.

    “I have not received any communications yet and I don’t want to comment on it,” he said.

    Omo-Agege could not be reached as he did not pick several calls made to his telephone line.

    The lawmaker had, however, insisted on not knowing the attackers when he spoke to our correspondent on Friday. He stated that only his lawyers would determine his appearance before the joint Senate and House of Representatives committee that is investigating the attack.

    The Senate had on April 12, 2018, suspended Omo-Agege for 90 legislative days for dragging the chamber to court over the amendment to the Electoral Act 2010 which seeks to reshuffle the sequence of polls during a general election.

    Omo-Agege had, however, attended plenary on April 18. The lawmaker’s arrival at the chamber had occurred the same time when suspected thugs invaded the Senate chamber while the plenary was ongoing and made away with the mace.

    Meanwhile, Omo-Agege, who is representing the Delta Central Senatorial District, did not show up for plenary on Tuesday despite the Senate saying it had given the lawmaker a temporary freedom to do so.

    The Senate said its decision was in deference to a court judgment which nullified Omo-Agege’s suspension.

  • BREAKING: Senator Omo-Agege absent from Tuesday sitting

    Contrary to expectations which had been raised high by the court judgement which quashed his 90 legislative days suspension by the Nigerian Senate, Senator Ovie Omo-Agege failed today to resume his legislative duties as he was absent from plenary.

    The Senate, on April 2, suspended Senator Omo-Agege (Delta-APC) over a “dissenting comment’’ on decision of the Upper Chamber on adoption of conference report on the bill that sought to reorder the sequence of elecions in the 2019 general elections. The bill was named 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.

    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.

    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.

  • Why Omo-Agege will be allowed to resume plenary today – Senate

    The leadership of the Senate on Monday night explained why it will allow senator representing Delta Central Senatorial District (APC), Ovie Omo-Agege resume plenary in accordance with the recent court ruling in Omo-Agege’s favour.

    Recall that the embattled senator had earlier been suspended for 90 days.

    In a statement by its spokesperson, Sabi Abdullahi, the Senate said it has been briefed by lawyers on the court judgement nullifying Mr Omo-Agege’s suspension.

    Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court nullified the suspension of Mr Omo-Agege last week Thursday.

    Dimgba said the Senate’s decision regarding the suspension, as well as the pattern adopted by the National Assembly, was constitutionally defective.

    Following the judgement, an aide to Senate President Bukola Saraki, said the Senate has approached the court to appeal the ruling and institute a stay of execution.

    Omo-Agege in reaction on Monday said the appeal will not hinder his resumption as the stay of execution which the Senate applied for has not been granted.

    In its statement late on Monday, the Senate said it would allow the senator resume in obedience to the court order.

    “The Senate leadership has been briefed by our lawyers on last Thursday’s 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 determined on Wednesday, May 16, 2018, we shall therefore respect the subsisting High Court judgement and await the appellate court’s decision on the pending motion.”

  • Police beef-up security ahead of Omo-Agege’s resumption

    Security was on Monday beefed up at the National Assembly, Abuja, ahead of expected resumption of Senator Ovie Omo-Agege following Thursday’s Abuja High Court nullification of his suspension by the Senate.

    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, the Delta Central senator, who defied the suspension order on him and attended the proceedings, accompanied by some strange fellows into the chamber.

    Apart from full security detail in the chamber of the red chamber on Monday, police officers were seen at the lobby leading into the chamber, a development that is 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 newsmen that the development was not unconnected with the expected return of Mr Omo-Agege to the chamber on Tuesday after the court judgment in his favour.

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

    Mr Omo-Agege had gone to court to challenge his 90 legislative days suspension by the Senate and the court in its ruling declared the action unconstitutional, saying that the Senate could not suspend a member beyond 12 days.

    His suspension was based on is 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.

  • Senator Omo-Agege set for plenary today following court victory

    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.

  • Senate appeals court ruling nullifying Omo-Agege’s suspension

    The Senate has filed a notice of appeal and a stay of execution on a High Court judgement nullifying the suspension of a senator, Ovie Omo-Agege.

    Olu Onemola, an aide to the Senate President, Bukola Saraki, made this known Thursday evening.

    “The Federal High Court sitting in Abuja, Coram Nnamdi Dimgba .J. in a judgment delivered today, the 10th May, 2018 in Suit No: FHC/ABJ/CS/314/18 between Sen. Ovie Omo-Agege V. Senate & 2 Ors held that the Senate and the Senate President who where the 1st and 2nd Defendants in the suit filed by Sen. Ovie Omo Agege can punish erring members of the Senate. The Court also held that all reliefs of the plaintiff are not grantable as they could not be supported by the processes filed by the plaintiff.

    “However, relying on Relief 8 which is the Omnibus prayer, the Court held that the suspension was not in accordance to law, the Senate and the Senate President promptly filed a Notice of Appeal and a Motion for Stay of Execution of the same Judgement on the 10th of May, 2018,” he wrote.

    A stay of execution is a court order to temporarily suspend the execution of a court judgment or another court order.

    Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court gave the ruling nullifying the suspension on Thursday.

    Dimgba said the Senate’s decision regarding the suspension, as well as the pattern adopted by the National Assembly, was constitutionally defective.

    He said the Senate has no power to suspend a senator for more than 14 days.

    Omo-Agege was suspended for 90 days by the Senate after he accused his colleagues of working against President Muhammadu Buhari by amending the electoral act.

    The Senate said the suspension was not because of Omo-Agege’s comments on the election re-oreder but for his move of approaching the court over the matter.

    That was also frowned at by the judge who said it was an abuse of the Senate’s powers.

    “Access to court is a constitutional right which cannot be taken away,” Dimgba said.

    Meanwhile, the embattled senator in a reaction to the ruling said it is victory for Nigeria’s nascent democracy and not necessarily against the senate or its leaders.

  • Suspension: Court ruling victory for democracy – Omo-Agege

    Senator representing Delta Central Senatorial district, Ovie Omo-Agege on Thursday said the judgement of the Federal High Court nullifying his suspension from the Senate is victory for democracy.

    Recall that the Senate had on April 13, suspended the senator for 90 legislative days over his comment that the amendment to the Electoral Act 2010 seeking the re-ordering of the general elections was targeted at President Muhammadu Buhari.

    However in his ruling on Thursday, Justice Nnamdi Dimgba, in a judgment that lasted an one hour, 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.

    In a statement released by his media office, Omo-Agege said his victory should be seen as a plus to Nigeria’s nascent democracy and not necessarily against the Senate.

    Read full statement below:

    IT’S VICTORY FOR DEMOCRACY

    1.0. 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.

    2.0. 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.

    3.0. 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.

    4.0. 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.

     

    Signed:

    Prince Efe Duku

    For: The Office of Senator Ovie Omo-Agege.