• Says only Senate President can authorise warrants against witnesses
•Distances upper chamber from claim that NNPCL is ‘a bunch of criminals and thieves’
•Orders committees to respect due process, presumption of innocence
•Akpabio summons Public Accounts Committee members over hearing controversy
Sunday Aborisade in Abuja
In a dramatic move aimed at safeguarding its institutional credibility and reinforcing constitutional procedures, Senate on Thursday nullified the arrest warrant purportedly issued by its Committee on Public Accounts (SPAC) against former Group Chief Executive Officer of Nigerian National Petroleum Company Limited (NNPCL), Mele Kyari.
The red chamber also formally distanced itself from comments reportedly made by a member of the panel, Senator Adams Oshiomhole, describing the national oil company as “a bunch of criminals and thieves”.
The upper chamber, after an extensive debate, adopted a motion sponsored by Senate Leader, Senator Opeyemi Bamidele, declaring that Senate Committee on Public Accounts lacks the authority to issue an arrest warrant. It stressed that only the senate president could exercise such powers under the law.
The resolution came barely 24 hours after the Public Accounts Committee announced an arrest warrant against Kyari during its probe of alleged financial irregularities involving the NNPCL.
Moving the motion, Bamidele said the senate was under obligation to protect constitutional order and ensure that its oversight functions were exercised within the limits prescribed by law.
He stated that while Sections 88 and 89 of the 1999 Constitution empowered the National Assembly to conduct investigations, the authority to compel attendance through the issuance of warrants rested exclusively with the presiding officer of the chamber.
According to him, Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act clearly vest such powers in the President of the Senate in matters relating to Senate proceedings and committee activities.
“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,” Bamidele said.
He warned that legislative investigations should not be mistaken for criminal trials and that neither individuals nor institutions should be pronounced guilty before the completion of investigations or judicial determination.
He added, “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.”
Bamidele also faulted comments attributed to Oshiomhole during the proceedings of the Public Accounts Committee in which the former Edo State governor, reportedly, described NNPCL as “a bunch of criminals and thieves”.
According to him, such remarks suggest a conclusion of criminal culpability before the conclusion of any lawful investigation, and risks creating the impression that the comments represents the official position of the senate.
Bamidele stated, “Such statements, if left unclarified, may be misconstrued by the public as representing the official position of the Senate and may undermine confidence in the impartiality and objectivity of ongoing legislative oversight proceedings.”
The senate subsequently adopted a resolution dissociating the chamber from Oshiomhole’s comments, insisting that they neither reflect the opinion nor findings of the upper legislative chamber.
Deputy Senate President Barau Jibrin threw his weight behind the motion, describing it as a necessary step to uphold constitutional governance and Senate rules.
Barau stressed that committees remained subordinate organs of the senate and could only make recommendations rather than exercise powers reserved for the full chamber.
He said, “The committee overstepped its bounds, and he has done the right thing by drawing attention to it. We need to do things in line with our rules and with the law of the land.”
Senate Chief Whip, Senator Mohammed Monguno, described the motion as a timely intervention and a reminder that lawmakers must be seen to obey the same laws they enact for the country.
Monguno stated, “The senate, being the highest law-making body of the country, should not only be above board but should be seen manifestly to be above board.”
Minority Leader Abba Moro cautioned senators against making statements capable of damaging reputations, stating that Senate proceedings are closely watched by Nigerians and the international community.
Former Kebbi State governor, Senator Adamu Aliero, was particularly critical of Oshiomhole’s remarks, warning that such comments could negatively affect investor confidence in Nigeria.
“The NNPC is the cash cow of this country. Such reckless statements send wrong signals to outsiders and can jeopardise foreign direct investment,” Aliero said.
Former Abia State Governor, and Chief Whip of the 9th Senate, Senator Orji Uzor Kalu, also defended the strategic importance of NNPCL to the country’s economy and urged Oshiomhole to withdraw the statement.
Kalu said, “It is not good for any committee or individual to criminalise a big company like NNPC. Our future lies in this country. We have no other country than Nigeria.”
Responding to the criticisms, Oshiomhole maintained that his comments were made under provocation during a tense hearing in which committee members were allegedly subjected to attacks by officials appearing before the panel.
He stated that the committee was probing audit reports indicating that approximately N210 trillion had not been properly accounted for by NNPCL and insisted that the findings originated from auditors engaged by the company itself.
“I acted under provocation because distinguished senators were being attacked unjustly,” Oshiomhole said.
He denied attempting to embarrass the senate and clarified that the committee had acknowledged it lacked powers to independently issue a warrant. He explained that the matter was to be referred to the senate president.
Chairing the session, Senate President Godswill Akpabio repeatedly urged lawmakers to be guided by constitutional provisions and Senate rules.
Following the debate, the senate unanimously adopted all eight prayers contained in Bamidele’s motion, including the nullification of the arrest warrant against Kyari, reaffirmation that only the senate president can authorise warrants compelling attendance before committees, and a directive to all committees to strictly comply with constitutional and statutory provisions.
Akpabio also announced plans to meet with members of the Public Accounts Committee over concerns arising from Wednesday’s hearing.
He said, “I would like to see the Committee on Public Accounts, the chairman and all the members. I will communicate a date to them next week so that I can have a discussion with them.”
The resolutions marked a rare public rebuke of a senate committee and one of the chamber’s most prominent members, underscoring growing concerns within the upper legislative chamber over adherence to due process in the conduct of oversight investigations.
