By Nathaniel Zaccheaus, Abuja
The Senate on Thursday nullified the arrest warrant issued against former Group Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL), Mr Mele Kyari, and publicly rebuked Senator Adams Oshiomhole over remarks describing the national oil company as “a bunch of criminals and thieves.”
In a move seen as a rare assertion of institutional authority over one of its standing committees, the upper chamber declared that the Senate Committee on Public Accounts had acted beyond its powers by issuing a warrant against Kyari during an ongoing probe into alleged financial irregularities involving the NNPCL.
The Senate also formally dissociated itself from Oshiomhole’s comments, warning that such statements could be interpreted as prejudging an investigation and undermining public confidence in the objectivity of legislative oversight.
The resolutions followed the adoption of a motion moved by Senate Leader, Senator Opeyemi Bamidele, who argued that while the National Assembly possesses constitutional powers to investigate public institutions, the authority to compel attendance through a warrant rests solely with the Senate President.
Bamidele cited provisions of the Legislative Houses (Powers and Privileges) Act, insisting that the power to issue a warrant affecting a citizen’s liberty is an extraordinary power that must be exercised strictly in accordance with the law.
“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,” he said.
He stressed that legislative investigations should not be mistaken for criminal trials and cautioned against pronouncing individuals or institutions guilty before investigations are concluded or a competent court reaches a determination.
“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 added.
The Senate Leader also criticised Oshiomhole’s remarks during proceedings of the Public Accounts Committee, saying they created the impression that criminal liability had already been established against the NNPCL before the conclusion of any lawful investigation.
According to him, such comments could wrongly be construed as the official position of the Senate.
“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,” he said.
Backing the motion, Deputy Senate President Barau Jibrin said Senate committees remain subordinate to the full chamber and are only empowered to make recommendations within the framework of Senate rules and the Constitution.
“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,” Barau said.
Senate Chief Whip Mohammed Tahir Monguno described the intervention as necessary to protect the integrity of the legislature.
“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,” he stated.
Minority Leader Abba Moro urged lawmakers to exercise caution in public comments that could damage reputations, noting that the Senate’s proceedings are closely monitored both within and outside Nigeria.
Several senators also expressed concern over the potential economic implications of Oshiomhole’s remarks.
Senator Adamu Aliero warned that branding the nation’s oil company as criminal could send negative signals to investors.
“The NNPC is the cash cow of this country. Such reckless statements send wrong signals to outsiders and can jeopardise foreign direct investment,” he said.
Similarly, Senator Orji Uzor Kalu defended the strategic role of the NNPCL in the national economy and urged Oshiomhole to retract the statement.
“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,” Kalu said.
Responding, Oshiomhole said his remarks were made during a tense hearing in which committee members felt unfairly attacked by officials appearing before the panel.
He maintained that the Public Accounts Committee was investigating audit reports indicating that about N210 trillion had not been properly accounted for by the NNPCL.
He insisted that the concerns originated from reports prepared by auditors engaged by the company.
“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 the power to issue a warrant independently, adding that the matter was intended to be referred to the Senate President.
Presiding over the session, Senate President Godswill Akpabio repeatedly urged lawmakers to adhere strictly to constitutional provisions and Senate rules.
Following an extensive debate, the Senate unanimously adopted all eight prayers contained in Bamidele’s motion, including the cancellation 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 observe due process in carrying out oversight responsibilities.
Akpabio also announced that he would meet with members of the Public Accounts Committee next week over issues arising from Wednesday’s hearing.
“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 discuss with them,” he said.
The Senate’s action amounted to a rare public rebuke of one of its committees and one of its most prominent members, underscoring the chamber’s determination to enforce procedural discipline and preserve public confidence in its oversight functions.
