THE Senate has filed a notice of appeal and a stay of execution on a High Court judgement nullifying the suspension of a senator, Ovie Omo-Agege.
Olu Onemola, an aide to the Senate President, Bukola Saraki, made this known Thursday evening.
A stay of execution is a court order to temporarily suspend the execution of a court judgment or another court order.
Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court gave the ruling nullifying the suspension on Thursday in the suit marked: FHC/ABJ/CS/314/18
Mr Dimgba said the Senate’s decision regarding the suspension, as well as the pattern adopted by the National Assembly, was constitutionally defective.
He said the Senate has no power to suspend a senator for more than 14 days.
Mr Omo-Agege was suspended for 90 days by the Senate after he accused his colleagues of working against President Muhammadu Buhari by amending the electoral act.
The Senate said the suspension was not because of Mr Omo-Agege’s comments on the election re-oreder but for his move of approaching the court over the matter.
That was also frowned at by the judge who said it was an abuse of the Senate’s powers.
“Access to court is a constitutional right which cannot be taken away,” Mr Dimgba said.