Omo-Agege approached the court through an ex parte motion seeking to effect service of form 48 which is notice of contempt and form 49, notice of committal to prison on the respondents for refusing to accept personal service. Omo-Agege’s counsel, Mr Alex Izinyon (SAN) told the court that since May when the court made an order nullifying his client’s suspension, the senate had yet to pay him his outstanding salaries, and allowances. Izinyon told the court that they had difficulty serving the respondents particularly the senate president. He said that the bailiff informed him that the security at the gate of the National Assembly denied him access to the complex. Following Izinyon’s submissions, Justice Nnamdi Dimgba granted the order for substituted service through newspaper publication as prayed by the applicant. The News Agency of Nigeria, (NAN) reports that the move by Omo-Agege is to enforce the May 10 judgment delivered by Justice Dimbga nullifying his suspension and ordering the senate to pay him his outstanding salaries and allowances. NAN recalls that the court had nullified the suspension of Omo-Agege and declared it illegal on the grounds that the reason given by the Senate and the Senate President for suspending him was unconstitutional. The court had consequently ordered the defendants to pay Omo-Agege any outstanding salaries or allowances which were due to him during the period of the suspension.(NAN)]]>
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