Senator Omo-Agege who is representing Delta Central Senatorial district had in his suit marked FHC/ABJ/CS/314/2018, prayed the court to quash his suspension and declare that he was illegally barred from attending plenary at the Senate.
In a statement released by his media assistant, Prince Efe Duke, Omo-Agege stated that the judgement "is consistent with our firm position that the Senate, as a foremost national institution, should lead consistently by example and set the pace in legislative best practices".
Omo-Agege was suspended on April 13 over his remarks that the planned amendment to the 2010 Electoral Act was targeted at President.
Dimgba also ordered the Senate to pay Omo-Agege any outstanding salaries or allowances which were due to him during the period of the suspension.
WorldStage Newsonline- The Federal High Court in Abuja has declared the suspension of Sen.
"Access to court is a fundamental right in the constitution which can not be taken away by force or intimidation from any organ", said Dimgba Igwe, judge of the high court in the capital city Abuja.
In a ruling by Justice Nnamdi Dimgba on Thursday, May 10, 2018, he said the Senate can only suspend an erring lawmaker for 14 legislative days.
He apologised to the Senate over his comments but the Senate Committee on Ethics and Privileges recommended his suspension.
The judge, therefore, nullified Omo-Agege's suspension "with immediate effect".
Justice Dimgba said that documents in court show that while Omo- Agege suit was pending, the 1st and 2nd respondents went ahead to impose punishment on him.
Justice Dimgba, however, added that despite the fact that the Senate had a constitutional duty to discipline its members; such disciplinary measures must comply with provisions of the law.
He maintained that suspending the senator for more than 14 days was denying his constituents the required representation.
However, the court declined to grant any of the seven reliefs Omo-Agege sought in his suit.
The Senate and the Senate President Dr Bukola Saraki who is the second defendant in the case also filed for a stay of execution of the nullification of the suspension. According to the judge, although the plaintiff, as a senator, is not prohibited from holding a contrary view from his colleagues, the right to freedom of expression is not absolute.