The Federal High Court, Abuja, on Thursday, nullified the suspension of Sen.
Following the suit, the committee recommended that the senator be suspended and he was subsequently suspended for 90 legislative days.
Justice Nnamdi Dimgba had earlier nullified the suspension placed on Omo-Agege by the upper legislative chamber over alleged infractions of its rules.
He said the Senate is only empowered to suspend an earring member for 14 days and 1 legislative day.
The senator had dragged the Senate before the court, alleging that his suspension was illegal, unlawful and such should be reversed by the court.
Omo-Agege, representing Delta Central, had approached the court, after the Senate's committee on ethics and privileges began investigating his comments condemning the Senate over the National Assembly's decision to amend the electoral act.
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He asked the court to among other reliefs, grant an order restraining the defendants, their servants, agents, privies or officers from interfering with his rights and privileges as a senator and to make any order that it may be deem fit.
He also ordered that the senator should be paid all his allowances and salaries for the period he was illegally suspended. The court faulted the committee's decision to allow Melaye participate during its deliberations on the issue and the signing of its report to the Senate.
He dismissed Omo-Agege's claim that he was denied fair hearing by the Senate Committee, stressing that "documents before the court showed that the plaintiff was afforded the opportunity to be heard".
The court maintained that the legislature is entitled to take measures to discipline any of its members whose action is capable of bringing the institution to disrepute.
He argued that the plaintiff was entitled to freedom of expression under the Nigerian constitution and the African Charter on Human and Peoples Rights.
During the ruling on Thursday, Justice Dimgba said it was unconstitutional for the Senate to punish him while his suit was pending in court as it constituted an affront on the judiciary.