When he turned up on Wednesday, he signed the attendance register at about 10:30am before proceeding to the upper legislative chambers just as the Senate was going into a closed-door session.
"Justice Nnamdi Dimgba refused the application on the chief ground that, strictly speaking, there is no appeal against his decision nullifying the suspension".
Justice Dimgba held that the decision of the Senate to suspend Omo-Agege for instituting the suit was a clear breach of Section 4 (8) and 6 (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, saying that, "Access to court is a constitutional right that can not be taken away from".
Speaking on the recent development, Omo-Agege's lawyer confirmed the news to Premium Times.
He said the true position of things was that the court had after it rejected reliefs one to seven in Omo-Agege's suit, granted an ominibus prayer that urged it to make any order it deemed fit in the circumstance of the case.
Danjuma Goje, laid the report before the Senate on Tuesday amid expectations that the budget bill might be considered and passed next week.
"While the legislature has powers to take disciplinary measures against its members, the reason given for the punishment is an unconstitutional reason".
Dimgba, in his judgement, held that the suspension of the Senator during the pendency of the suit was unconstitutional and an affront on the judiciary.
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Omo-Agege filed the suit to challenge his suspension from the senate.
Justice Dimgba in his ruling, also said that the Senate can only suspend an erring lawmaker for 14 legislative days.
Having nullified Omo-Agege's suspension, Justice Dimgba further ordered the Senate to pay the plaintiff all his salaries and allowances.
Justice Dimgba, while dismissing the application argued on behalf of the Senate and Senate President by Mahmud Mogaji, said the application was misdirected and lacking in merit.
The duo, as stated in separate letters of invitations sent to them for appearance today, are to answer questions on allegations of aiding the invaders who forced their way into the chamber and seized the Senate mace.
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.
He had among other things, prayed the court for, "A declaration that the 1st and 2nd defendants' referral of the plaintiff to the Senate Committee on Ethics, Privileges and Public Petitions for trial for expressing his opinion on the purport of a Section of the Electoral Act N0".
Although he later apologized for his comments, the Senate Committee on Ethics and Privileges recommended his suspension for 181 legislative days.