Ade Adesomoju, Abuja
The Federal High Court in Abuja on Wednesday dismissed an application asking it to suspend the execution of its May 10, 2018 judgment which nullified the 90-day suspension imposed by the Senate on its member representing Delta Central Senatorial District, Senator Ovie Omo-Agege.
The application for stay of execution which the court rejected on Wednesday was filed by the Senate and its President, Dr. Bukola Saraki.
They had urged the court to stay the execution of the judgment pending the hearing and determination of the appeals against the May 10, 2018 judgment.
In dismissing it, however, Justice Nnamdi Dimgba held that the application along with the notice of appeal, on which it was anchored, was based on a wrong notion of the judgment being challenged.
The judge noted that the application failed to show that it was targeted at the court’s judgment of May 10, 2018.
He noted that, while the application said it sought a stay of the judgment in which all the plaintiff’s prayers were granted, the May 10 judgment did not grant prayers one to seven of the plaintiff.
He said the court only made consequential orders under the omnibus prayer.
The judge said, “An application that is desirous of the court’s exercise its discretion must be an application that is genuine.
“And to be genuine, it must realistically target the actual decision that was reached by the court, and which enforcement is being asked to be stayed.
“Looking at the grounds of the application as well as the notice of appeal submitted to support the application, I am of the view that the grounds and notice of appeal are targeted at a different decision of the court made on May 10, 2018.
“The grounds of the application as well as the notice of appeal attack a decision where all prayers of the plaintiff were granted, whereas, by the record of this court, in the judgment delivered by this court on the 10th of May, 2018, all the seven main prayers of the plaintiff were refused.
“The court only made an order pursuant to the eighth omnibus relief, on the basis that the sole reason given for the recommendation and the subsequent suspension of the plaintiff was an unconstitutional reason.
“I have seen nothing, either in the application or the notice of appeal that attacks or targets that sole conclusion of the court.
“On the sole reason that the application and the notice of appeal do not show that they are targeted at the judgment of this court of the 10th of May, 2018 sought to be stayed, I believe that I am left with no choice but to exercise my discretion in refusing the application. I hereby dismiss the application.”
The Senate and Saraki had continued to pursue the application despite welcoming Omo-Agege back for his legislative duties in compliance with the May 10, 2018 judgment.
Had the application succeeded on Wednesday, it could have formed a basis to again shut the door of the Senate against the embattled senator until the Court of Appeal ruled otherwise.
The Senate had on April 13, 2018, suspended him for 90 legislative days over his media comments considered by the upper legislative chamber as offensive.
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