The application for stay of execution which the court rejected on Wednesday was filed by the Senate and its President, Dr. Bukola Saraki.
Omo-Agege was suspended by the Senate for 90 days but a court subsequently nullified the action, directing that he should be allowed to resume.
Specifically, Justice Dimgba noted that the defendants, in their motion, erroneously sought for stay of execution of judgment they claimed granted all the reliefs that were sought before the court by the plaintiff.
He maintained that suspending the Senator for more than 14 days was denying his constituents the required representation and held, however, that the legislature had the powers to sanction any lawmaker who set out to make comments or act in a way that could bring disrepute to the institution.
The Senate and its President had through their lawyer, Mr. Mahmoud Magaji (SAN), asked the court to suspend Omo-Agege's resumption, pending hearing and determination of an appeal they filed to challenge his recall.
Although the court refused to grant any of the seven prayers sought by the senator, it held that the suspension could not hold on grounds of the "violence" it did to the constitution.The judge, therefore, nullified Omo-Agege's suspension "with immediate effect."He also ordered that the senator be paid all his allowances and salaries for the period he was illegally suspended". Danjuma Goje, laid the report before the Senate on Tuesday amid expectations that the budget bill might be considered and passed next week.
"The court only made an order pursuant to the eight omnibus relief, on the basis that the sole reason given for the recommendation and the subsequent suspension of the plaintiff was an unconstitutional reason".
"As regards to Omo-Agege, based on the testimony of the DPO, the SSS and the sergeant at arms, you are alleged to have entered the National Assembly accompanied by seven persons who allegedly took the mace of the Senate during plenary session on April 18, at about 11:30 a.m".
Although he later apologized for his comments, the Senate Committee on Ethics and Privileges recommended his suspension for 181 legislative days.
Chairman of the committee Senator Bala Ibn Na'Allah said the testimonies given by various security personnel at the National Assembly Complex before the panel had implicated Omo-Agege and Ndume.