Read the press statement below...
"It
has been brought to our attention through several publications in both
the online and mainstream media that the Nigerian Senate has directed
its Committee on Ethics, Privileges and Public Petitions (hereinafter
referred to as “the Committee”), to issue a Warrant of Arrest against
our client, Mr. Ibrahim Lamorde, for failing to appear before it.
We
respectfully urge the Inspector General of Police and other law
enforcement agencies to disregard any such Warrant of Arrest (if issued)
and resist the invitation to drag themselves into this illegal scheme.
To set the records straight, the antecedents of this matter are briefly
reproduced hereunder.
Pursuant to a petition
written by one George Uboh against our client, the Senate referred the petition
to the Committee for investigation. In the course of the investigation, the
Committee wrote a letter of invitation to our client as the Chairman of the
Economic and Financial Crimes Commission (EFCC), inviting him to a meeting with
the Committee on 5th November, 2015.
Owing to prior engagements, our
client could not attend that meeting and this was duly communicated to the
Committee. However, on the 9th of November, 2015, our client was
relieved of his duties as the Chairman of the EFCC and he handed over all
obligations, duties and responsibilities pertaining to his office to Ibrahim
Mustapha Magu, who was appointed Acting Chairman.
Despite the fact that our
client had handed over to the Acting Chairman, another letter of invitation was
sent to him on 11th November, 2015 inviting him for a meeting with
the Committee on 17th November, 2015. Our client could not honour
that invitation as he was out of the country on his 3-month terminal leave.
However, on the said 11th November, 2015, we appeared before the
Committee to represent our client and raised objections to the conduct of the
investigations by the Committee on two grounds.
First, the Constitution
stipulates that the Committee can compel the attendance of a witness by issuing
a proper SUMMONS and not an INVITATION LETTER. In the
circumstances, it was contended that our client had not been summoned at all.
In addition, section 88 of the 1999 Constitution stipulates that only a person
presently occupying a public office can be investigated by the Senate in
relation to that office and since at the time of this invitation, our client
had vacated the office, he could no longer be made the subject of any
investigation by the Senate. We contended that, however, any Nigerian can
be summoned by the Senate as a WITNESS
in any matter. Despite these cogent objections, the Committee denied us audience
and threatened to have our client arrested.
As a law abiding citizen,
our client instructed us to institute an action at the Federal High Court
seeking an interpretation of the powers of the Senate with respect to
investigations. In compliance with our client’s instructions, we instituted the
said suit with number FHC/ABJ/CS/934/15 on 19th November, 2015 at
the Federal High Court and it was assigned to Honourable Justice G.O. Kolawole
sitting at Federal High Court 8, Abuja. Both the Senate and the Committee were
served with the Originating Summons and a Motion seeking an Interlocutory
Injunction restraining the Senate from continuing with their investigations
pending the determination of the suit. The processes were served on them on 20th
November, 2015, but since then, they have refused, ignored and failed to file
any process in defence of the suit.
The suit came up before
Justice G.O. Kolawole for hearing on the 9th December, 2015 and 10th
February, 2016 and on both occasions, hearing Notices were served on the Senate
and the Committee but on both occasions, they were absent and unrepresented by
legal practitioners. At the proceedings of 10th February, 2016, the
application for Interlocutory injunction was heard but in its wisdom, the
Honourable court decided to give both the Senate and the Senate Committee
another chance to come and answer to our client’s suit and the suit was
subsequently adjourned till 14th March, 2016 for the Senate to
respond to our client’s case.
As a law-abiding Police
Force, you are aware that one of the Pillars of our democracy is the respect
for the Rule of Law. By extension, this implies that when matters are pending
before a court of law, all parties are expected to maintain status quo pending
the determination of the matter. In any event, the Senate Standing Rules are
clear to the effect that matters pending before a court of law should not be
deliberated upon or discussed on the floor of the Senate or any of its
Committees. This is the reason why our client’s case is clearly different
from the case of other citizens against whom Warrants of Arrest have been
issued by competent courts of law. Whilst there is no restriction on the powers
of a court of law to issue a Warrant of Arrest against anybody who fails to
honour its Summons, the Senate’s own rules forbid it to do anything in respect
of matters that are pending in a court of law.
The conducts of the Senate
and the Committee amount to legislative rascality as they seek to usurp the
powers of the judiciary and to undermine its authority. We most respectfully urge the Nigeria Police
Force to await the outcome of the matter pending in court before deciding one
way or the other about the enforcement of the said Warrant of Arrest, if
eventually issued.
If
the court decides otherwise against our position, our client is prepared to
appear before the Senate or any of its Committees.
We
issue this statement on behalf of and on the instruction of our client, Mr. Ibrahim Lamorde.
Thank
you.
FESTUS
KEYAMO, ESQ.
