The Senate on Wednesday failed in its Stay of Execution plea before an Abuja Division of the Federal High Court on Senator Ovie Omo-Agege.
The Senate had asked the court to stay execution of the judgment that nullified the suspension of the senator for 90 legislative days.
But the presiding judge, Justice Nnamdi Dimgba, rejected the application which the Senate jointly filed with its president, Dr. Bukola Saraki.
According to the court, the application by the Senate along with the notice of appeal that was attached to it, were “misdirected”, saying it was not targeted at the May 10 verdict that nullified Omo-Agege’s suspension.
Justice Dimgba specifically pointed out that the defendants in their motion, erroneously sought for stay of execution of judgment they claimed granted all the reliefs that were sought before the court by the plaintiff.
The judge explained that the true position of things was that the court had after it rejected reliefs one to seven in Omo-Agege’s suit, granted an ominibus prayer that urged it to make any order it deemed fit in the circumstance of the case.
He therefore held that the motion was not anchored on any cognisable ruling that was delivered by his court and that he could not grant an order for stay of execution as prayed by the defendants.
The Senate and its President had through their lawyer, Mr. Mahmoud Magaji (SAN), asked the court to suspend Omo-Agege’s resumption, pending hearing and determination of an appeal they filed to challenge his recall.
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