Lucky Obukohwo, Reporting
The Senate has formally dissociated itself from the arrest warrant issued against former NNPCL Group Chief Executive Officer, Mele Kyari, declaring that the decision of its Committee on Public Accounts failed to follow due process and was inconsistent with the provisions of the Legislative Houses (Powers and Privileges) Act.
It also rejected comments made by Senator Adams Oshiomhole during Wednesday’s heated committee proceedings, in which he described the NNPCL as “a bunch of criminals and thieves,” maintaining that the remarks neither represent the position of the Senate nor its official findings on the matter.
The Senate’s position followed a motion of urgent national importance moved by Senate Leader Opeyemi Bamidele, who maintained that although the National Assembly is vested with broad investigative powers under Sections 88 and 89 of the Constitution, such powers must be exercised in strict compliance with due process, the principles of fair hearing and the rule of law.
The controversy stemmed from Wednesday’s hearing of the Senate Committee on Public Accounts, chaired by Senator Ibrahim Dankwambo, during which the committee announced its decision to issue a warrant for the arrest of former NNPCL Group Chief Executive Officer, Mele Kyari.
The committee cited his repeated failure to honour nine invitations issued in connection with 19 audit queries raised in the Auditor-General’s reports on the company’s financial statements spanning 2017 to 2023.
The committee’s action followed a motion by Victor Umeh, who argued that lawmakers could no longer tolerate delays in an investigation involving what he described as one of the largest financial accountability exercises undertaken by the National Assembly.
However, Bamidele told the Senate that under Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act, only the President of the Senate has the authority to issue a warrant compelling the attendance of witnesses before the Senate or its committees.
He warned that any attempt by a committee to independently issue or execute a warrant of arrest could expose Senate proceedings to legal challenges and undermine public confidence in the institution.
The Senate leader also faulted comments attributed to Oshiomhole during the hearing, arguing that such remarks could create the impression that the Senate had already reached a conclusion on an ongoing investigation.
“Statements characterising NNPCL 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 stressed that legislative investigations are intended to promote oversight, accountability and lawmaking and are not substitutes for criminal prosecution.
Deputy Senate President, Barau Jibrin, backed the motion, saying the Public Accounts Committee had overstepped its bounds.
He maintained that committees can only make recommendations to the Senate and cannot independently exercise powers reserved for the presiding officers of the National Assembly.
“We need to do things in line with our rules and the Constitution. The committee overstepped its bounds and the Senate Leader has done the right thing by drawing attention to it,” he said.
Senate Chief Whip Tahir Monguno also supported the motion, describing it as a wake-up call for committees to strictly adhere to constitutional provisions and Senate rules, while Minority Leader Abba Moro urged senators to avoid statements capable of creating the impression that the Senate was engaged in a witch-hunt.
“Nigerians are watching us. Every step we take either enhances the institutional integrity of the Senate or undermines it,” Moro said.
Adamu Aliero described Oshiomhole’s remarks as reckless, warning that they could damage the reputation of both the NNPCL and Nigeria before international investors.
“The NNPCL is the cash cow of this country. Such statements send wrong signals to outsiders and could jeopardise foreign direct investment,” he said.
Similarly, former Senate Chief Whip and senator representing Abia North, Orji Uzor Kalu, urged Oshiomhole to withdraw the remarks, noting that the NNPCL remains a critical institution for Nigeria’s economy.
In his response, Oshiomhole defended his conduct, arguing that his remarks were made in reaction to what he described as a provocative statement by former NNPCL Chief Financial Officer, Umar Ajiya.
He alleged that Ajiya had questioned the integrity of senators and accused members of the National Assembly of meddling in appointments within the company.
Oshiomhole further maintained that the Senate Committee on Public Accounts was merely executing a mandate assigned by the upper chamber to scrutinise audit reports which, according to him, indicated that more than N210 trillion in NNPCL funds remained unaccounted for.
“The auditors appointed by NNPCL, not by me, submitted reports showing that they could not account for N210 trillion.
“The Office of the Auditor-General referred the matter to the Public Accounts Committee and these officials failed to honour invitations several times.” Oshiomhole maintained that his reaction came after committee members were subjected to what he described as unjust attacks.
“I acted under provocation because distinguished senators were being attacked unjustly and I thought I had a duty to defend all of us. I do not mean to say that the entire employees of NNPCL are thieves.”
He further clarified that the committee never intended to independently execute a warrant of arrest which it stated in the meeting, acknowledging that such authority resides with the Senate President.
After extensive deliberations, Godswill Akpabio put the motion to a voice vote and the Senate adopted all eight prayers.
The Senate reiterated that only the Senate President is empowered to issue warrants compelling attendance before its committees.
It therefore directed all committees to adhere strictly to constitutional and statutory procedures, cautioned lawmakers against making prejudicial remarks during ongoing investigations, and declared the warrant issued against Kyari by the Public Accounts Committee “null and void.”
Senate President Godswill Akpabio noted that while provocation may sometimes trigger regrettable statements, the Senate has a duty to safeguard the integrity of institutions central to Nigeria’s economic stability.
“If the Nigerian Senate is seen to be criminalising what NNPCL stands for, no country will wish to do business with Nigeria,” he remarked.
Akpabio subsequently announced that he would meet with members of the Public Accounts Committee next week to discuss the matter and ensure compliance with Senate rules going forward.
