The immediate past chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Lamorde, again failed to appear before the Senate Committee on Ethics, Privileges and Public Petitions on Tuesday over alleged N2.051 trillion fraud.
His lawyer, Festus Kayamo, who appeared on his behalf, however, told the Samuel Anyanwu-led Committee that the panel lacked the constitutional powers to summon his client.
This comes as the Committee threatened to order the arrest of the embattled former EFCC boss if he fails to appear before it on Tuesday next week – 24th November, 2015.
The Senate Committee had scheduled Lamorde’s appearance before it for yesterday (Tuesday), having earlier failed to do so on 14th August when he pleaded to be given more time to study the petition written against him.
Recall that George Uboh, the Chief Executive Officer, Panic Alert Security System, had petitioned the upper chamber over an alleged N2.051trillion unremitted funds recovered under Lamorde’s watch as EFCC boss.
Although Keyamo attributed his client’s absence to a medical trip abroad, the Committee members accused Lamorde of disrespecting the Senate.
Samuel Anyanwu, Chairman of the Committee, insisted that Lamorde must appear before them to defend the allegations levelled against him by the petitioner.
Anyanwu said for the past three months, the former EFCC boss had been evading the committee’s invitation.
But in his defence, Keyamo said Lamorde did not disrespect the Senate, adding that the upper chamber has powers to summon two categories of persons: those who are subject of investigation as well as witnesses.
He explained that those who are subject of investigation must be incumbent public officers, adding that since Lamorde has already been removed from office, it would amount to a nullity to summon him.
Relying on Sections 88 and 89 of the 1999 Constitution (as amended), he argued that the Senate has no powers to invite Lamorde as a private citizen.
He said: “If you are inviting Larmode, you can only properly invite him as a witness because he does not even have access to the documents again, he is no longer chairman of EFCC”.
Speaking with journalists, the legal practitioner insisted that Lamorde can only be invited as witness by the Senate and not as a subject of investigation.
While saying that the circumstances leading to Lamorde’s invitation had been overtaken by events, Kayamo threatened to take legal action to “correct this Senate”.
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