The Senator representing Delta central, Ovie Omo-Agege has vowed that he would not be deterred by an appeal filed by the Senate and its leadership against a Federal High Court ruling nullifying his suspension.Omo-Agege said he will resume duties as Senator despite the legal action taken against him by the Senate.
Punch reports that Omo-Agege said the Senate and its president, Bukola Saraki, had only applied for a stay of execution at the court which is yet to be granted. He said a lower court has already made a declaratory judgment which had an immediate effect against the suspension slammed on him by the Senate.
The suspended Senator also accused the Senate President of seeking a stay of executionon the matter from a court which he had allegedly ignored. He said: “The judgment that was delivered by thecourt says that the court was nullifying my suspension ‘with immediate effect.’ If they go ahead and apply for a stay of execution, no court has granted them that. Until that stay is granted, the ‘nullification’ is with immediate effect.” They have applied to have a stay but that stay has not been granted,”Omo-Agege said.
“Two, the order of the court is a declaratory order. A declaratory order is not ‘ stayable’ in law. The order that the court made, nullifying mysuspension with immediate effect, is a declaratory order and it is not ‘ stayable ‘ in law. In any event that they apply for a stay, unless and until the court grants that stay, the judgment of the lower court is to take an immediate effect.
“Three, the Senate President is in contempt of court because my action was pending in court but he showed a total disregard for the court and proceeded to suspend me while my case in court. That by itself is contempt.The relief he is seeking from the court now – stay of execution – is an equitable relief. He who comes to equity must come with clean hands. You cannot be in contempt of the court and ask the same court to grant you an equitable relief. His hands in law are soiled and dirty. Therefore, he is not entitled to an equitable relief in court. As far as I am concerned, based on my knowledge of the law, that purported suspension by Saraki has been vacated with immediate effect. They have the right to appeal and they have already filed it. But they are not entitled to the equitable relief of stay of the court’s judgment,” Omo-Agege added.
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