Human right lawyer, Femi Falana (SAN), has urged the Senate to withdraw the appeal it filed against the judgment of a Federal High Court, which declared the suspension of Senator Ovie Omo-Agege as illegal.
Falana said this in a statement issued in Lagos on Tuesday titled: “Senate’s commendable obedience of rule of law”.
The statement read in part: “notwithstanding that the motion for stay of execution of the judgment of the Justice Nnamdi Dimgba delivered last week in the case of Senator Ovie Omo-Agege vs The Senate has not been heard, and determined by the Federal High Court, the Senate resolved Tuesday 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.
“This is 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.
“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.
“However, the Executive branch of the Federal Government is called upon to emulate the good example of the Senate by complying with all valid and subsisting judgments of all courts in Nigeria.
“In particular, the executive should, as a matter of urgency, 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.
“In the same vein, 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,” he stated.