Court Dismisses Suit Seeking Removal of Omo-Agege over Alleged Perjury

 

Justice Oathman Musa of an Abuja High Court in Bwari area of the Federa Capital Territory (FCT) on Wednesday dismissed a suit seeking the removal of Senator Ovie Omo-Agege as the Deputy Senate President.

The court dismissed the suit filed by Incorporated Trustee of Patriotic Youth Organisation of Nigeria for lacking in merit.

Those sued along the deputy Senate president are the Attorney General of the Federation (AGF) and Minister of Justice, and the Independent National Electoral Commission (INEC).

The plaintiff is asking the court to sack Omo-Agege, representative of Delta Central senatorial district, for concealing information of his alleged conviction in the United States of America.

However, delivering judgment, Justice Musa held that there was no evidence before the court that Omo-Agege was convicted or indicted over any corruption charge.

 

According to Justice Musa, the order of a Californian court which the plaintiff premised his case did not amount to an indictment on the part of Omo-Agege.

The court also held that Omo-Agege was under no obligation to furnish INEC with such information even if it was true.

Justice Musa, however, slammed a cost of N1million fine against the plaintiff for wasting the court's time in filling the suit in the first place.

In dismissing the suit, Justice Musa observed from a judgment of the California court delivered on March 12, 1996, exhibited by Omo-Agege, that the charge was dismissed, pointing out that "it does not mean conviction.

"Dismissing the charge against the first defendant does not mean conviction. The 1st defendant has not been found guilty and has not been convicted."

Justice Musa said the report of the judicial commission of enquiry against the first defendant "is not the same as an order of court of law."

The court opined that a report of judicial commission of enquiry only enables a court of law to ascertain the culpability or otherwise of a public officer where a case of professional misconduct is alleged.

Consequently, the court from affidavit evidence tendered by the first defendant, held that Omo-Agege has not been convicted by any competent court of law, and therefore, dismissed all the reliefs sought by the claimant for lacking merit.