He said the present application which the Senate sought a stay of execution of nullification of the suspension order, did not target the May 10 judgment.
The National Assembly joint committee set up to investigate the April 18, 2018, invasion of Senate chamber has invited former Senate leader, Ali Ndume, as well as embattled Senator Ovie Omo-Agege to explain their alleged roles.
Omo-Agege had approached the court with a suit marked FHC/ABJ/CS/314/2018, challenging his suspension from the Senate, saying it was illegal.
Dimgba recalled that he had dismissed, among other reliefs sought by the plaintiff, that the Senate should not punish him for any offence.
The Senate said it suspended Mr Omo-Agege for dragging the matter to court.
It said the court ruled that the said motion by Mr Omo-Agege was actually refused, hence the motion against it was considered not meritorious.
But the Abuja High Court, it was learnt, voided the suspension on the ground that the petitioner alleged it was based on the legal action he instituted against the senate ahead of its investigation committee.
"While the legislature has powers to take disciplinary measures against its members, the reason given for the punishment is an unconstitutional reason".
He added that even if the Senate had rightly suspended the senator, it could only have suspended him for only a period of 14 days - as prescribed in the Senate rules.
Dimgba delivering judgement on the suit, held that the suspension of the Senator during the pendency of the suit was unconstitutional and an affront on the judiciary.
Justice Dimgba, while dismissing the application argued on behalf of the Senate and Senate President by Mahmud Mogaji, said the application was misdirected and lacking in merit.
They are to answer questions on allegations of aiding the invaders who forced their way into the chamber and seized the Senate mace.
Falana, on Tuesday, renewed his call for the release El-Zakzaky, the cleric's wife, and Dasuki from the custody of the DSS in obedience to court orders, urging the government to emulate the Senate.
Aside the Senate and Saraki, the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, was equally cited as a defendant in the suit.
According to him, Omo-Agege's right was not breached when the Senate referred him to its committee on Ethics, Privilege and Public Relations.
Likewise, "An order of perpetual injunction restraining the defendants, their servants, agents, privies, officers or otherwise howsoever from interfering with the plaintiffs rights and or privileges as a Senator of the Federal Republic of Nigeria or and preventing him from entering or remaining within the precinct or Chamber of the Senate or National Assembly or attempting to forcibly remove him from the chamber or precinct of the National Assembly or in any way impeding or undermining the plaintiff's ability to function as a Senator of the Federal Republic of Nigeria".
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