The Senate has nullified a warrant of arrest purportedly issued by the Senate Public Accounts Committee (SPAC) against the former chief executive of the Nigerian National Petroleum Company (NNPC) Limited, Mr Mele Kyari.
The motion, sponsored by the Senate Leader, Mr Opeyemi Bamidele, also formally dissociated the Senate from comments attributed to Senator Adams Oshiomhole, who reportedly described the state oil company as “a bunch of criminals and thieves” during a Public Accounts Committee hearing earlier on Wednesday.
The Senate emphasised that legislative oversight must be conducted within the framework of the Constitution, due process, and the principles of fair hearing.
Presenting the motion, Mr Bamidele argued that while Sections 88 and 89 of the Constitution grant investigative and oversight powers to the National Assembly, the authority to issue warrants compelling the attendance of witnesses is clearly vested in the presiding officer of the legislative chamber.
According to him, Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act confer the power to issue warrants exclusively on the President of the Senate in matters relating to Senate proceedings and committees.
Mr Bamidele warned that any attempt by a Senate committee to independently issue or execute a warrant of arrest without authorisation from the Senate President could amount to an unlawful exercise of power.
“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 lawmaker noted.
He further maintained that legislative investigations are not substitutes for criminal prosecution and that neither individuals nor institutions should be presumed guilty before the conclusion of investigations or judicial 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.”
A major aspect of the motion focused on personal remarks attributed to Mr Oshiomhole during deliberations of the Public Accounts Committee.
Mr Bamidele argued that describing NNPC as “a bunch of criminals and thieves” was capable of conveying a conclusion of criminal culpability before the completion of any lawful investigation, warning that such statements could be interpreted by the public as the official position of the Senate and undermine confidence in the impartiality of ongoing oversight proceedings.
“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 formally dissociating itself from the comments and clarifying that they do not represent the findings, opinion, resolution or official position of the upper chamber.
Deputy Senate President, Mr Barau Jibrin, strongly backed the motion, describing it as part of the constitutional responsibilities of the Senate Leader.
Reading from Senate rules and constitutional provisions, Mr Barau stressed that committees are subordinate organs of the Senate and may only make recommendations rather than independently exercise powers reserved for the chamber.
“The committee overstepped its bounds, and he has done the right thing by drawing attention to it.”
He maintained that the Senate must always operate in accordance with both its rules and the Constitution.
“We need to do things in line with our rules and with the law of the land.”
For his part, Senator Mohammed Tahir Monguno described the motion as a necessary intervention to preserve the credibility of the legislature.
According to him, it would be contradictory for lawmakers to make laws for national governance while simultaneously violating those same laws.
“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 characterised the motion as both a wake-up call and a reminder for committees to strictly comply with constitutional provisions and Senate rules.
Senator Abba Moro emphasised the importance of maintaining decorum and avoiding statements capable of damaging reputations.
“We should not make statements that seek to impugn the character of public officers or individuals in society.”
Mr Moro cautioned that Nigerians closely monitor Senate proceedings and warned that inappropriate conduct could undermine public trust in the institution.
On his part, Senator Adamu Aliero was among the strongest critics of Oshiomhole’s comments, describing the statement as “reckless” and arguing that it could damage Nigeria’s investment image internationally.
“The NNPC is the cash cow of this country. Such reckless statements send wrong signals to outsiders and can jeopardise foreign direct investment.”