A human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, on Tuesday lauded the Senate for complying with the judgment delivered by Justice Nnamdi Dimgba, which nullified the suspension of Senator Ovie Omo-Agege.
Falana said in a statement that by complying with the judgment without any conditions whatsoever the Senate has demonstrated leadership by example.
He urged the executive arm of government to emulate the Senate and purge itself of contempt of court by complying with the judgment of the Federal High Court delivered on December 2, 2016, which directed that Sheik Ibraheem Elzakzaky and his wife, Hajia Zeinab Elzakzaky be released from the illegal custody of the State Security Service.
Falana also argued that retired Colonel Sambo Dasuki ought to be released on bail in line with the orders of the Federal High Court, the High Court of the Federal Capital Territory and the Community Court of Justice Economic Community of West African States.
“Notwithstanding that the motion for stay of execution of the judgment of the Honourable Justice Nnamdi Dimgba delivered last week in the case of Senator Ovie Omo-Agege v The Senate has not been heard and determined by the Federal High Court the Senate resolved yesterday to comply with the terms of the judgment. I have confirmed that Senator Omo Agege has since resumed his legislative duties. By complying with the judgment without any conditions whatsoever the Senate has demonstrated leadership by example,” Falana explained.
Falana described the action of the Senate as highly commendable in a country where official impunity has since been institionalised.
“Having regard to the settled position of the law as expoused by our courts in not less than five cases wherein the suspension of legislators by legislative houses was annulled and set aside the Senate should withdraw the appeal filed against the judgment of the Federal High Court in the case of Senator Omo-Agege,” he said.
“That was the matured approach adopted by the Dimeji Bankole-led House of Representatives in the case of Hon Dino Melaye & Ors v House of Representatives,” he added.
Falana called on the executive to emulate the good example of the Senate by complying with all valid and subsisting judgments of all courts in Nigeria.
The senior lawyer had earlier described as illegal, the current penchant of the current National Assembly to suspend members.
Falana had cited the celebrated case of The Speaker, Bauchi House of Assembly v Honourable Rifkatu Danna (2017) 49 WRN 52, where the Court of Appeal affirmed the judgment of the Bauchi State High Court, which had set aside the indefinite suspension of the respondent as a member of the Bauchi State House of Assembly.
He had also argued that the suspension of a legislator amounts to a denial of representation by his/her constituency.
Citing the Bauchi case, the senior lawyer noted that “the fact that the respondent was re-elected for another four- year term by the people of Bogoro Constituency in Bauchi State to represent them in the House of Assembly was to ensure that she had the right to be in the House of Assembly for another four year term to serve the constituency without undue interference”
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