Despite the order for a substituted service of contempt proceedings on Senate President, Bukola Saraki, over the suspension of a senator, Ovie Omo-Agege, the senator has approached the court with another application.
Mr Omo-Agege wants the court to allow him serve Mr Saraki and the National Assembly with Form 49 by placing the notice of court in the media.
The form contains an order for the respondents to explain why they should not be sent to prison for alleged contempt of court
Following his suspension by the Senate for 90 days in April, Mr Omo-Agege approached the court with an application to nullify his suspension.
The Delta State senator also asked the court to invalidate the investigation carried out by the Senate Ethics and Privileges Committee, which resulted in his suspension.
Although the court partially refused the request for the invalidation of the Senate’s investigation and Mr Omo-Agege’s punishment, the judge, Nnamdi Dimgba, said the suspension was wrongly carried out by the National Assembly.
In a ruling on May 10, Mr Dimgba ordered the Senate to reinstate Mr Omo-Agege and ensure the full payment of his entitlements.
After the order, Mr Omo-Agege’s lawyer, Alex Izinyon, explained that they served the respondents with copies of the court’s decision and expected that his client will be called back and his salaries promptly paid.
He however noted that Mr Omo-Agege has not been paid since he was asked to resume office.
Mr Izinyon, a Senior Advocate of Nigeria, then asked the court to invoke Form 48, which borders on alleged contempt of court.
He also prayed the court to allow him serve Form 49 on the respondents.
At the opening of session on Thursday, Mr Izinyon explained that his client was still unable to serve the respondent, despite the June 28 court order for substituted service of the contempt proceedings on the respondents.
He therefore asked the court to allow them serve the respondents through the media.
The court adjourned until September 25 to rule on the application.