The Senate has reversed the resolution of its Standing Committee on Public Accounts to issue a warrant of arrest against former Group Chief Executive Officer of the Nigerian National Petroleum Company Limited, NNPCL, Mr. Mele Kyari.
The Public Accounts Committee had earlier on Wednesday ordered the warrant to compel Kyari’s appearance over unresolved audit queries involving N210 trillion contained in NNPCL’s audited accounts from 2017 to 2023.
Coming under a point of order on a matter of national importance, Senate Leader Opeyemi Bamidele expressed dissatisfaction with comments made by Senator Adams Oshiomhole during an interactive session with NNPCL a day earlier.
Oshiomhole had described NNPCL as “a bunch of criminals and thieves” during the meeting with the committee.
But the Senate Leader argued that the statement, widely reported in the media, was capable of implying criminal culpability against the national oil company and its officers before any lawful investigation or court determination.
“The statements characterizing NNPC Limited as ‘a bunch of criminals and thieves’ are capable of conveying a conclusion of criminal culpability against an institution and its officers before the conclusion of any lawful investigation or determination by a court of competent jurisdiction,” Bamidele said.
He noted that such remarks, if left unclarified, could be misconstrued as the official position of the Senate and undermine confidence in the impartiality of ongoing legislative oversight.
Bamidele stressed that Senate committees derive their powers solely from the Senate and can only exercise authority expressly conferred by the Constitution, Senate Standing Orders, and Acts of the National Assembly.
He added that “the power to issue a warrant affecting the liberty of a citizen is an extraordinary statutory power which must be exercised strictly in accordance with the procedure prescribed by law.”
“The constitutional doctrine of fair hearing and the presumption of innocence require that no person or institution be adjudged guilty except by a court of competent jurisdiction after due process of law.
“Legislative investigations are intended to aid oversight, accountability and lawmaking and are not substitutes for criminal prosecution or judicial determination,” the Senate Leader stressed.
Bamidele urged the committee to comply with due process rather than undermine the authority, dignity and credibility of the Senate.
He also kicked against the committee’s decision to independently issue or execute a warrant without recourse to the President of the Senate, saying it could amount to exercising powers not conferred under the Legislative Houses (Powers and Privileges) Act.
The motion was supported by Deputy President of the Senate Jibrin Barau, Senate Minority Leader Abba Moro, Senator Adamu Ailero, and Senator Orji Kalu.
Consequently, the Senate resolved that under Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act, only the President of the Senate has authority to issue a warrant compelling the attendance of any witness before the Senate or its committees.
It further declared that no committee shall purportedly issue, authorize or execute a warrant of arrest except in strict compliance with the Act and with the approval of the Senate President.
The lawmakers also disassociated the Senate from Oshiomhole’s description of NNPC Limited as “a bunch of criminals and thieves,” clarifying that the remarks do not represent the Senate’s official position, finding, or determination.
They reaffirmed the Senate’s commitment to fair hearing, due process, parliamentary objectivity, institutional neutrality, and the presumption of innocence, stressing that any determination of criminal liability can only be made by a court of competent jurisdiction.
