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Omo-Agege Never A US Convict – Court Declares
An Abuja High Court sitting in Bwari, has dismissed a suit filed against the eligibility of the Deputy Senate President, Ovie Omo-Agege to contest and hold office in the senate.
The suit was filed by coalition of civil society groups under the auspices of Patriotic Youth Organisation of Nigeria which claimed that Omo-Agege was not qualify to run for the seat on the ground that he allegedly concealed information about his earlier conviction in the United States.
But delivering judgment on the suit on Wednesday, Justice Othman Musa, held that Omo-Agege was ever convicted by any court of law in the US nor was he under any criminal sentence.
He said that the suit was a mere waste of the court’s time as there was no evidence that Omo-Agege was convicted in the State of California in the US as claimed by the plaintiff.
Justice Musa held that the disciplinary proceedings involving Omo-Agege in the State of California in the US, even if it ended in punitive action against the 1st defendant (Omo-Agege) could not be elevated to criminal proceedings, convicting and sentencing as provided under Section 66 (1) and (2) of the Constitution.
He said that the case was merely a non-criminal trial by a judicial commission of inquiry which he (Omo-Agege) challenged in the US Supreme Court and won and does not amount to a conviction. He also ruled that Omo-Agege was not under any obligation to disclosed such information to the Nigerian Independent National Electoral Commission (INEC) before contesting any election as being asked by the plaintiffs.
The judge therefore dismissed the suit and ordered the claimant to pay Omo-Agege N1million as cost of damage for filling a frivolous suit aimed at denting the image of the 1st defendant.
The judge said the conviction recognised by the Constitution, and which could prevent one from holding public office in the country for 10 years is the conviction and sentencing entered by a Nigerian court, not a court of foreign jurisdiction.