The Senate after a closed-door meeting at Tuesday's plenary has announced its resolution to allow Senator Ali Ndume, representing Borno South, to resume duties on Wednesday November 15 after serving his mandatory six months suspension.
A Federal High Court last week, ordered Ndume's immediate reinstatement and payment of all his entitlements for the period of the suspension.
Defendants in the suit who are now appellants include the Senate President; the Senate of Federal Republic of Nigeria; and Senator Samuel Anyanwu (Chairman Senate Committee on Ethics, Privileges and Public Petitions).
Mr. Ndume was subsequently suspended for six months for "bringing Melaye, his colleague, and the institution of the senate to unbearable disrepute" after the Senate adopted the report by the committee.
Prior to his recall, a Federal High Court last week nullified Ndume's suspension describing it as illegal. The court also declared his suspension illegal.
The allegation involved the President of the Senate, Dr. Abubakar Bukola Saraki.
The Upper Chamber said it disagreed with the said judgment.
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Saraki and Melaye were cleared of the allegations by a senate probe panel.
According to Ekweremadu: "We discussed the suspension of Ndume and we resolved that he should resume tomorrow since he has served 90 days without prejudice to the current court process".
"For the records, the Senate had challenged the jurisdiction of the Federal High Court to entertain the matter on the grounds that the Plaintiff wrongly joined several causes of action in his Originating Summons".
The Senate expressed optimism that the decision of the trial court would be overturned by the Court of Appeal.
The senate in its notice of appeal held that the trial judge at the lower court erred by holding that the court will not interfere with the internal affairs of the legislature except where there is breach of the fundamental rights of a citizen, the basis of which it held that the fundamental rights of the senate were breached even when there was no evidence of such breach.
However, the Senate through its counsel, Mike Ozekhome, said it would appeal the ruling. An application for a stay of execution of the orders of the court will also be filed same time, " Ozokhome stated.
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