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Withdrawal of Certificate of Return: Court strikes out suit against Omo-Agege Suit

Villa231 06/25/2020

The Federal High Court, Abuja, on Thursday, dismissed the suit seeking the withdrawal of the Certificate of Return of Deputy Senate President, Ovie Omo-Agege.

Justice Ahmed Mohammed, in his judgment, described the case as an abuse of court process.

Justice Mohammed, who held that the issue had already been laid to rest after Justice Othman Musa of the FCT High Court, Bwari, delivered a judgement in the matter, awarded a N300, 000 cost against the plaintiff which must be paid to each of the defendants.


the consolidated Trustees of Empowerment for Unemployed Youths Initiative, had, on May 19, moved toward the court, soliciting to arrange the withdrawal from the Certificate of Return gave to Omo-Agege. 


Likewise joined as litigants in the suit are the Clerk of the National Assembly, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC). 


In a suit number: FHC/ABJ/CS/510/2020 documented by its legal advisor, Mr Edward Omaga, the gathering likewise asked the court for a request for interminable directive controlling Omo-Agege from involving the workplace of representative speaking to Delta Central Senatorial District and appointee senate president. 


The gathering said its suit depended in light of the fact that Omo-Agege was not a skillful, fit and legitimate individual to involve such an office considering the conviction hanging over his neck. 


As per the gathering, this is according to the judgment of the knowing about the Department of the State Bar Court sitting in Los Angeles, California, USA, conveyed on Nov. 30, 1995, whereupon Omo-Agege was condemned to prison and suspended from law practice for a long time for lawful offense including moral turpitude, phony of checks adding up to $890 with which he expected to swindle the Bank of America, Ahined Mehone and Elpert Defrietas infringing upon California corrective code segment 470. 


The offended party asked the court for translation of Section 68 of the 1999 Constitution; to decide if by the consolidated understanding of Section 68(1) (b) of the 1999 Constitution, the judgment of the knowing about the Department of the State Bar Court sitting in Los Angeles, California, including moral turpitude. 


The offended party likewise supplicated the court to grant N500 million harms against the representative of the senate for tolerating to proclaim Omo-Agege delegate senate president after his assignment and political decision on June 11, 2019. 


At the becoming aware of the suit on June 16, the respondents' legal counselors, Dr Alex Izinyon, SAN, speaking to Omo-Agege, Chikosolu Ojukwu speaking to the Clerk of the Senate and the APC, just as Taminu Inuwa, SAN for INEC, denied the supposed conviction, asked the court to excuse the suit and grant significant expense against the offended party. 


They all demanded that the redrafting court in California in the US had cleared Omo-Agege of any bad behavior in December 1996. 


"Exoneration implies legitimate confirmation that the blamed isn't liable for the offense," Izinyon had contended. 


Equity Mohammed had, in the last sitting, fixed Junes 25 for judgment in the wake of taking contentions from parties for the situation. 


Conveying his judgment, the appointed authority maintained the primer complaint recorded by the respondents. 


Mohammed noticed that the offended party should have promptly pulled back the suit on understanding that the High Court of the Federal Capital Territory in Abuja, a court with facilitate purview with the Federal High Court, had just chosen the issue in the suit. 


"It is plainly obvious from the judgment insinuated that, that there was no conviction as claimed," he held. 


The adjudicator said that as opposed to the dispute of the offended party, it was limited by the FCT High Court judgment in spite of not being involved with suit in which the said judgment was conveyed. 


"In the light of the abovementioned, the offended party is limited by the judgment of my sibling, Justice O.A Musa of the FCT High Court conveyed on January 29 wherein it was announced that the respondent was not sentenced. 


He said what the suit expected to do was to raise the issue previously let go by judgment of the FCT High Court. 


He added that by declining to make a quick stride of pulling back the suit on monitoring the FCT High Court judgment, the offended party "loans crendence to the dispute of the direction for the principal litigant that the suit was recorded in clear endeavor to bother and disturb the primary respondent."


He added that he must therefore “truncate it at this point by dismissing without the need to consider other issues”.

He dismissed the suit with a punitive cost of N1.2m awarded against the plaintiff and its lawyer, Mr Omaga.

Justice Mohammed specifically ordered that the plaintiff and its lawyer must pay the sum of N300,000 to each of the four respondents – Omo-Agege, the Clerk of the National Assembly, APC and INEC.

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