The President of the Senate, Bukola Saraki, had on Tuesday last week inaugurated the ad hoc committee, noting that there were reports that those who attacked the Senate were led by a serving senator.
The court held that the application, along with the notice of appeal that was attached to it, were "misdirected", saying it was not targeted at the May 10 verdict that nullified Omo-Agege's suspension.
The Senate had asked the court to stay execution of the judgment that nullified the suspension of the senator for 90 legislative days.
They had urged the court to stay the execution of the judgment pending the hearing and determination of the appeals against the May 10, 2018 judgment.More news: Brewers 7, Diamondbacks 2
Justice Dimgba held that while the Senate has the powers to sanction its erring members to protect its integrity, he said no institution or authority has the powers to deny any citizen his right of access to the court.
The Senate had on April 12, 2018 suspended Omo-Agege over a "dissenting comment" on decision of the upper chamber on adoption of conference report on Electoral Act (2010) Amendment Bill.Omo-Agege, however, went to court to challenge his suspension and the court, in its ruling, declared the action unconstitutional, saying that the Senate could not suspend a member beyond 14 days.
"This court is minded to say that the reason for the suspension of the plaintiff by the 1st and 2nd defendants was unconstitutional", Justice Dimgba said and ordered the Senate to pay Omo-Agege all his salaries and allowances.
But he did not not show up at the close of plenary, even though the Senate had also stated it would not stop him from resuming his seat.More news: Two Sudbury beaches can fly the Blue Flag
Omo-Agege and nine other senators had said that the bill was targeted at President Muhammadu Buhari.
The Judge said that if an application is appealing against reliefs he refused to grant, is of no significance to the vacation of the suspension order.
Omo-agege is expected to face a joint adhoc committee investigating the invasion of the National Assembly later today, to explain his role in the imbroglio.
The court noted that it was wrong for the Senate Committee on Ethics, Privileges and Public Petitions to suspend Omo-Agege for going to court after he had apologised over his comments against the Senate.More news: Yet Another Report Claims Earlier Than Expect Galaxy Note 9 Launch
Testimonies was made by various security agencies within the National Assembly accusing Mr Omo-Agege of leading seven unauthorised persons into the Red Chamber which led to the disruption of the Plenary.