The Nigerian Senate on Thursday overturned the decision of its Committee on Public Accounts to issue a warrant of arrest against former Group Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL), Mele Kyari, insisting that only the President of the Senate has the statutory authority to approve such a warrant.
The development followed concerns raised by Senate Leader, Senator Opeyemi Bamidele, over both the committee’s decision and comments allegedly made by Senator Adams Oshiomhole during a recent investigative hearing involving the national oil company.
The Senate Committee on Public Accounts had on Wednesday directed that a warrant of arrest be issued to compel Kyari’s appearance before the panel over unresolved audit queries involving N210 trillion reflected in NNPCL’s audited accounts between 2017 and 2023.
However, raising a point of order on a matter of urgent national importance during plenary, Bamidele argued that the committee exceeded its powers by seeking to issue a warrant without recourse to the President of the Senate, as required by law.
He also expressed concern over remarks attributed to Oshiomhole, who reportedly described the NNPCL as “a bunch of criminals and thieves” during the committee’s interaction with company officials.
According to Bamidele, such comments could be interpreted as a premature declaration of guilt against the company and its officials before the conclusion of any investigation or judicial process.
“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,” he said.
He warned that if left unaddressed, the remarks could be misconstrued by the public as the official position of the Senate and undermine confidence in the impartiality of the legislature’s oversight functions.
Bamidele stressed that Senate committees derive their authority solely from the Senate and may exercise only powers expressly granted by the Constitution, the Senate Standing Orders and Acts of the National Assembly.
He noted that the power to issue a warrant affecting the liberty of a citizen is an extraordinary statutory authority that must be exercised strictly in accordance with the provisions of the 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,” he stated.
Several lawmakers, including Deputy Senate President Senator Barau Jibrin, Senate Minority Leader Senator Abba Moro, Senator Adamu Aliero and Senator Orji Uzor Kalu, supported the motion.
Following deliberations, the Senate resolved to reaffirm that under Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act, the authority to issue a warrant compelling the attendance of any witness before the Senate or any of its committees is vested exclusively in the President of the Senate.
The chamber further declared that no committee of the Senate has the power to independently issue, authorize or execute a warrant of arrest except in strict compliance with the law and with the approval of the Senate President.
The Senate also formally distanced itself from Oshiomhole’s remarks on the NNPCL, clarifying that the comments do not represent the official position, findings, resolutions or opinions of the upper legislative chamber.
Lawmakers reiterated the Senate’s commitment to constitutional principles of fair hearing, due process, institutional neutrality and the presumption of innocence, emphasizing that only courts of competent jurisdiction can determine criminal liability against any individual or institution.
The resolution effectively nullifies the committee’s directive seeking Kyari’s arrest and reinforces the Senate’s position that its oversight responsibilities must be exercised within the bounds of the law.
