Ovie Omo-Agege, senator representing Delta central, did not attend plenary at the senate on Tuesday.
Security was beefed up at the national assembly in anticipation of his return.
The senator was suspended for 90 legislative days after he took the upper legislative chamber to court. There were rumors that he could be suspended for kicking against the election reordering bill but he headed to court.
The senator and nine order senators had asserted that the bill was targeted at President Muhammadu Buhari.
After he was suspended, Omo-Agege stormed the senate chamber on April 18 with suspected thugs who seized the mace of the upper legislative chamber.
Though he was arrested by the police and later released, he denied that he led thugs to invade the senate chamber.
He later secured a restraining order from the court, preventing the police and the Department of State Services (DSS) from arresting him.
Last week, a high court in Abuja, nullified the senate’s suspension of Omo-Agege.
The court held that while the national assembly had the power to discipline its erring members, the premise on which Omo-Agege’s suspension was anchored is illegal.
On Monday, the senate said it would not stop the senator from resuming plenary but that it had appealed the judgement and asked the court for a stay of execution.
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