The Federal High Court, Abuja on Friday fixed April 30
to hear a suit filed by Sen. Ovie Omo-Agege against the Senate, the
Senate President and Attorney-General of the
Federation.
Omo-Agege, who represents Delta Central Senatorial district,
filed the suit to challenge his suspension from the Senate.
The judge, Justice Nnamdi Dimgba fixed the date after refusing
to vacate an earlier order he made granting accelerated hearing of
the matter.
The Counsel to Omo-Agege, Mr Alex Izinyon, (SAN) had approached
the court with an ex parte motion seeking an injunction against the
Senate, but the court declined.
The court then asked Izinyon to put the respondents on notice.
Justice Dimgba ordered that the Senate and Senate president to show
cause why the reliefs sought by the senator should not be
granted.
The court gave the respondents seven days to show cause, ordered
an accelerated hearing of the matter and adjourned to April 27, for
definite hearing.
However, when the matter was called, Izinyon informed the court
that he was ready to move his motion saying that the matter was
slated for hearing of the substantive case.
Izinyon also told the court that the respondents had been duly
served with the originating summon.
But Mr Mahmud Magaji, (SAN), counsel to the Senate and Senate
president, raised an objection, saying that he had filed a
memorandum of conditional appearance.
Magaji said he filed an application, seeking the court to set
aside its order which granted abridgement of time to hear the
matter.
The counsel maintained that he was just briefed of the matter on
April 19, and that he had not sighted any of the originating
processes.
The judge, however, said that the court had proof that the
Senate and the Senate president had been served through clerk of
the Senate.
“I have to protect the integrity of the court. On two occasions,
this court has respected the Senate and as well, I expect the
Senate to respect the court,” Dimgba said.
He directed the respondents to serve advance copies of their
counter affidavits and other processes on the plaintiffs through
email, not later than 7 p.m, April 27.
The judge adjourned the matter until April 30 for hearing of the
substantive suit.
Omo-Agege is asking 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.
“An order of perpetual injunction, restraining the defendants,
their servants, agents, privies or officers from interfering with
the plaintiff’s rights and or privileges, as a Senator.
The reliefs also including ‘’preventing him from entering or
remaining within the precinct or chamber of the Senate or National
Assembly”, among others.
NAN
The Federal High Court, Abuja on Friday fixed April 30
to hear a suit filed by Sen. Ovie Omo-Agege against the Senate, the
Senate President and Attorney-General of the
Federation.
Omo-Agege, who represents Delta Central Senatorial district,
filed the suit to challenge his suspension from the Senate.
The judge, Justice Nnamdi Dimgba fixed the date after refusing
to vacate an earlier order he made granting accelerated hearing of
the matter.
The Counsel to Omo-Agege, Mr Alex Izinyon, (SAN) had approached
the court with an ex parte motion seeking an injunction against the
Senate, but the court declined.
The court then asked Izinyon to put the respondents on notice.
Justice Dimgba ordered that the Senate and Senate president to show
cause why the reliefs sought by the senator should not be
granted.
The court gave the respondents seven days to show cause, ordered
an accelerated hearing of the matter and adjourned to April 27, for
definite hearing.
However, when the matter was called, Izinyon informed the court
that he was ready to move his motion saying that the matter was
slated for hearing of the substantive case.
Izinyon also told the court that the respondents had been duly
served with the originating summon.
But Mr Mahmud Magaji, (SAN), counsel to the Senate and Senate
president, raised an objection, saying that he had filed a
memorandum of conditional appearance.
Magaji said he filed an application, seeking the court to set
aside its order which granted abridgement of time to hear the
matter.
The counsel maintained that he was just briefed of the matter on
April 19, and that he had not sighted any of the originating
processes.
The judge, however, said that the court had proof that the
Senate and the Senate president had been served through clerk of
the Senate.
“I have to protect the integrity of the court. On two occasions,
this court has respected the Senate and as well, I expect the
Senate to respect the court,” Dimgba said.
He directed the respondents to serve advance copies of their
counter affidavits and other processes on the plaintiffs through
email, not later than 7 p.m, April 27.
The judge adjourned the matter until April 30 for hearing of the
substantive suit.
Omo-Agege is asking 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.
“An order of perpetual injunction, restraining the defendants,
their servants, agents, privies or officers from interfering with
the plaintiff’s rights and or privileges, as a Senator.
The reliefs also including ‘’preventing him from entering or
remaining within the precinct or chamber of the Senate or National
Assembly”, among others.
NAN
Read more https://nairalaw.com/omo-agege-takes-senate-agf-to-court/