The immediate past chairman of the Economic and Financial Crimes, EFCC, has initiated a legal action against the Senate over summons issued to him to appear before its committee, arguing, among other things, that he cannot be invited over issues relating to the office he has vacated.

Others dragged to the Federal High Court, Abuja, by Lamorde in the suit filed by his counsel, Festus Keyamo, are the Senate committee on Ethics, Privileges and Public Petitions, the Inspector General of Police and the Director General of the Department of State Services, DSS.

Lamorde, who was relieved of his position at the EFCC on November 9 and was to have appeared before the committee on Tuesday, is also praying the court to grant an order restraining the police and the DSS from arresting him.

He is also seeking an order of the court restraining the Senate from ordering his arrest as well as an order setting aside all invitation letters issue to him since he vacated the position of chairman of the EFCC.

In the originating summons filed by Keyamo, the plaintiff is asking the court to determine whether “in view of the provisions of sections 88 and 89 of the 1999 constitution of the federal republic of Nigeria (as amended), the 1^st and 2^nd defendants, their officers, members, agents or privies can “invite” the plaintiff to appear before them as a person whose conduct of affairs is being investigated by them in relation to issues concerning office(s) he has already vacated.”

He also wants the court to determine if he can be asked by the Senate and its committee to appear before them “by merely writing an invitation letter to him and not issuing a summons” or if they can issue a warrant against him without first serving him summons.

Based on how the questions are determined, the former EFCC boss, who is still a serving police officer, is asking the court for several reliefs, including a declaration that the Senate, its committee or agents cannot “invite the plaintiff to appear before them as a person whose conduct of affairs is being investigated by them in relation to issues concerning office(s) he has already vacated.”

He is also seeking a declaration that the Senate, its committee and agents “cannot request the plaintiff to appear before them by merely writing an invitation letter to him and not issuing a summons.”

Before the latest invitation that led to the court case, the Senate had invited Lamorde on two previous occasions – August 26 and November 5 – with the former EFCC chairman failing to honour any. On the two previous occasions, he had been chairman of the anti-graft agency.

The Senate Ethics, Privileges and Public Petitions committee wants Lamorde to defend allegations levelled against him by a whistle blower who said that over N1 trillion forfeited or seized from convicted person had been misappropriated by the EFCC boss and others.

On Tuesday when Lamorde was expected for the third time to appear before the Senate committee, he was again absent and members of the committee stopped Keyamo, his client, who had gone to represent him.

The counsel was raising an objection to the invitation of the former EFCC chairman on the grounds that he had vacated his office when he was stopped by the committee which insisted that he must appear in person.