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Abuja High Court sitting in Bwari, yesterday dismissed a suit seeking the removal of the Deputy Senate President, Senator Ovie Omo- Agege over alleged perjury. Justice Othman Usman in his judgment said that the documentary evidence placed before the court by counsel to the deputy senate president, Dr. Alex Izinyon (SAN), showed that he was never convicted by the USA court in California, as alleged by the claimant.

Justice Usman held: “Senator Omo-Agege is not convicted by any court in California, United States of America (USA), as the purported charges were dismissed by a superior court of California, County of Los Angeles presided over by Justice Lance. A. Ito, neither is he under any indictment known to law.”

The Judge further declared that; “the suspension meted on  the 1st defendant (Omo-Agege) by the State Bar Court of the State of California does not amount to an indictment or conviction known to law, but a professional disciplinary proceeding predicated on a charge already dismissed by the superior court of California, for which the 1st defendant was discharged and acquitted.”

Consequently, he awarded the cost of N1m against the claimant in favour of the Federal lawmaker. The claimant, Incorporated Trustees of Patriotic Youth  Organisation of  Nigeria, had in their originating process dragged to court, Senator Omo-Agege, the Attorney General of the Federation and Minister of Justice and the Independent National Election Commission (INEC), as joint defendants.

The claimant wants the court to determine: “Whether having regard to the provisions of Section 31(5) of the Electoral Act, 2010 (as amended), the 1st Defendant (Omo-Agege) did not give and/or supply false information to the 3rd Defendant in his INEC Form 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.

“Whether by the provisions of Section 31(5) of the Electoral Act, 2010 (as amended), the act and/or conduct of the 1st Defendant in giving and/or supplying false information to the 3rd Defendant in his INEC Forms CF001 by stating under oath that he was/is not under a sentence of imprisonment or conviction for offence involving dishonesty and/or fraud whereas he has been convicted of 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, does not amount giving false information to the 3rd Defendant and/or therefore constitutes an act of perjury.

“Whether by giving and/or supplying false information under oath in his INEC Forms CF001 to the 3rd Defendant by stating that he was/is not under a sentence of imprisonment or conviction for offence involving dishonesty and/or fraud whereas he has been convicted of 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, the 1st Defendant has not acted in contravention of, breached and/or violated the mandatory provisions of Section 31(5) and (6) of the Electoral Act, 2010 (as amended) and therefore not qualified to be nominated and/or elected into the Senate of the National Assembly of the Federal Republic of Nigeria at the 2019 General Elections.

“Whether having regard to the act of the 1st Defendant in stating under oath that he was/is not under a sentence of imprisonment or conviction for offence involving dishonesty and/or fraud whereas he has been convicted of 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, the 1st Defendant is not ipso facto disqualified and/or ineligible to contest for, be nominated and/or elected into the Senate of the National Assembly of the Federal Republic of Nigeria at the 2019 General Elections or seek an election into the principal position of the Deputy President of the Senate of the Federal Republic of Nigeria.

“Whether having regard to the provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended, the 2nd Defendant does not have the mandatory statutory and prosecutorial obligation to undertake criminal proceedings for the prosecution of the 1st Defendant for offences of perjury and/or giving of false information following his 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.”

The claimant accordingly prayed the court to grant the following reliefs: “A declaration that the 1st Defendant gave and/or supplied false information to the 3rd Defendant in his INEC Forms CF001 relating to whether he has been under a sentence of imprisonment or conviction for offences 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.