Contrary to expectation, Delta Central Senator, Ovie Omo-Agege, failed to resume at the Senate plenary on Tuesday.
He said: "We have equally filed an appeal against the judgment of the court and a motion for stay of execution of the judgment at the Court of Appeal".
Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court in a pronouncement last week Thursday said the Senate's decision regarding the suspension, as well as the pattern adopted by the National Assembly, was constitutionally defective.
He established that Omo-Agege came in with seven unidentified persons dressed in black and native wears as he said six of them were arrested with him while one of the suspects escaped using the Presidential Villa gate.
In a statement signed on Monday by its spokesperson, Sabi Abdullahi, the Senate said it has been briefed by lawyers on the court judgement nullifying Omo-Agege's suspension and will, therefore, follow the court ruling.
The Senate had, on April 12, 2018, suspended Omo-Agege for 90 legislative days for dragging the chamber to court over the amendment to the Electoral Act 2010, which seeks to reshuffle the sequence of polls during a general election. "Until that stay is granted, the 'nullification" is with immediate effect.
Both Ndume and Omo-Agege as stated in separate letters of invitations sent to them for appearance today, are expected to answer questions on allegations of aiding the invaders who forced their way into the chamber and seized the Senate mace.
"Two, the order of the court is a declaratory order".
"Three, the Senate President is in contempt of court because my action was pending in court but he showed a total disregard for the court and proceeded to suspend me while my case in court".
"Therefore, I expect them to fully comply with that judgment". You can not be in contempt of the court and ask the same court to grant you an equitable relief. They have the right to appeal and they have already filed it.
PUNCH had reported exclusively on Saturday that there were strong indications of a looming showdown at the Senate on Tuesday Omo-Agege had said he would attend the plenary.
The senator commended the Sani Dododo-led congress committee and all the chairmen and members of the local government executive that emerged from the congress.
Taiga, while speaking with newsmen at the weekend, said the Urhobo nation was being denied representation at the red chambers and that there is an urgent need for the leadership of the Senate, especially Senate President Bukola Saraki to see to it that Senator Omo-Agege is immediately recalled to take his rightful place in the upper chambers.