Human
rights activist and Lagos lawyer, Festus Keyamo has sounded a warning
note on the Inspector General of Police, Mr. Solomon Arase to desist
from any attempt to arrest the former EFCC helmsman, Ibrahhim Lamorde
who's being summoned to appear before a Senate committee to clear his
name over a petition against him.
Below
is the long letter that contains Keyamo's prayers and warnings to the
Inspector General of Police and the Senate Committee.
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
9thDecember, 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.
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