An FCT High Court sitting in Bwari, Abuja, on Wednesday, dismissed a suit seeking an order of court to remove the Deputy Senate President, Senator Ovie Omo-Agege from office.
Senator Omo-Agege is representing Delta Central Senatorial District in the National Assembly.
Delivering judgement in the suit, Justice Othman Musa dismissed all the reliefs sought by the claimant.
Justice Musa who dismissed all the reliefs sought by the claimant, awarded a cost of N1m against the claimant, in favour of the 1st defendant.
The suit was instituted by the Incorporated Trustees of Patriotic Youth Organization of Nigeria.
Respondents in the suit are Senator Omo-Agege, the Attorney General of the Federation (AGF) and Minister of Justice, and the Independent National Electoral Commission, as 1st, 2nd and 3rd respondents respectively.
The court held that Omo-Agege was not under any obligation to inform INEC (3rd defendant) in his INEC Forms CF001 relating to whether he has been under a sentence of imprisonment or conviction for offence involving dishonesty and/or fraud by his deliberate failure to disclose that he was/is under a sentence of imprisonment or conviction for criminal offence of felony involving moral turpitude by violating Section 470 of the California Penal Code under the authority of subsection (a) Rule 951, of the California Rules of Court in the United States of America in Case No: 94:C:14401.
Justice Musa observed from a judgment of the California court delivered on March 12, 1996, exhibited by Omo-Agege, that the charge was dismissed, pointing out that “it does not mean conviction.
“Dismissing the charge against the 1st defendant does not mean conviction. The 1st defendant has not been found guilty and has not been convicted, the court held.
Justice Musa said the report of judicial commission of enquiry against the 1st defendant “is not the same as an order of court of law.
The court opined that a report of judicial commission of enquiry only enables a court of law to ascertain the culpability or otherwise of a public officer where a case of professional misconduct is alleged.
Consequently, the court from affidavit evidence tendered by the 1st defendant, held that Omo-Agege has not been convicted by any competent court of law.
The court insisted that the order of a Californian in USA court did not amount to an indictment on the part of Omo-Agege.
Felix Omohomhion, Abuja
