Justice Nnamdi Dimgba of Federal High Court on May 10, held that while the National Assembly had the power to discipline its erring members, the premise on which Omo-Agege's suspension was anchored was illegal.
Giving details of the refusal of the court to grant the request, Mr. Omo-Agege's media aide, Efe Duku, said the judge ruled that the application sought by the Senate bordered on the initial motion filed by Mr Omo-Agege.
The Senate thereafter suspended Ovie Omo-Agege, an All Progressives Congress (APC) Senator from Delta state, for 90 legislative days.
The order was however denied on Wednesday, the senator's lawyer, Alex Iziyon, confirmed the decision, telling PREMIUM TIMES "it is true".
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.
The judge also said that the 90 legislative day suspension was against Order 67, Rule 4 of the Senate Standing Rules which provided for a lawmaker to be suspended for only 14 legislative days.
And despite his avowed declarations to resume at Senate plenary yesterday, Omo-Agege was conspicuously absent.
Having nullified Omo-Agege's suspension, Justice Dimgba further ordered the Senate to pay the plaintiff all his salaries and allowances.
Dimgba said that the reason given by the Senate and the Senate President for suspending Omo-Agege was unconstitutional.
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.
"This court is minded to say that the reason for the suspension of the plaintiff by the 1st and 2nd defendants was unconstitutional", Justice Dimgba said. 6, 2010 (Amendment) Bill 2017 is an act calculated to interfere with or likely to constitute a breach of the plaintiff's fundamental human right to freedom of expression without interference as guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended] and Article 9 (2) of the African Charter on Human and Peoples' Right (Ratification and Enforcement) Act Cap A9 LFN, 2004.
The judge noted that from the wording of the report of the Senate's Ethics and Privileges Committee which recommended Omo-Agege's suspension, he was punished for filing a suit against the Senate after apologising to the legislative house over the allegation levelled against him.
The invitation was sequel to testimonies from heads of different security agencies within the National Assembly alleging that Omo-Agege led seven unauthorised personnel into the red chamber and disrupted plenary.