Senate reverses order to issue warrant of arrest against former NNPCL GMD

by · The Eagle Online

The Senate on Thursday reversed the resolution of its Standing Committee on Public Accounts to issue a warrant of arrest against the former Group Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL),  Mele Kyari.

Senate Committee on Public Accounts had on Wednesday ordered the issuance of a warrant to compel Kyari to appear before it over unresolved audit queries involving N210 trillion contained in the company’s audited accounts between 2017 and 2023.

However, coming under point of order of issue of national importance, the Leader of the Senate, Opeyemi Bamidele expressed dissatisfaction with the statement credited to Senator Adams Oshiomhole during the interactive session with the NNPCL, a day earlier.

Oshiomhole had during the meeting described NNPCL as “a bunch of criminals and thieves” in his remarks before the committee.

The Leader of the Senate, in his motion observed that statements credited to the former Governor of Edo State in the media were capable of conveying a conclusion of criminal culpability against the nation’s oil company.

Bamidele said, “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.

‘’Also observes that 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 involving NNPC Limited and its former management.

‘’Committees of the Senate derive their powers solely from the Senate and may only exercise powers expressly have conferred upon them by the constitution, the Standing Orders of the Senate and Acts of the National Assembly.

“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 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; and those Legislative investigations are intended to aid oversight, accountability and lawmaking and are not substitutes for criminal prosecution or judicial determination.”

Bamidele therefore urged the committee to comply with due process rather than undermine the authority, dignity and credibility of the Senate.

He further kicked against the decision of the committee to independently issue or execute a warrant of arrest without recourse to the President of the Senate.

He added that the situation might appear like an exercise of powers not constitutionally conferred on the Senate by the Legislative Houses (Powers and Privileges) Act.

In the same vein, the Deputy President of the Senate, Jubril Barau, the Senate Minority Leader , Abba Moro, Senator Adamu Ailero, Senator Orji Kalu all supported the motion as moved by the Leader of the Senate on the issue.

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Consequently, the Senate resolved to reaffirm that pursuant to 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 and not in any committee acting independently.

The Senate further declared that none of its committees shall purportedly issue, authorize or execute a warrant of arrest except in strict compliance with the provisions of the Legislative Houses (Powers and Privileges) Act and with the approval and authority of the President of the Senate.

In addition, the lawmakers disassociated the Senate from comments attributed to Senator Oshiomhole describing NNPC Limited as “a bunch of criminals and thieves” and clarified that such remarks do not constitute the official position, finding, resolution, opinion or determination of the senate.

They further affirmed that the Senate remains committed to the constitutional principles of fair hearing, due process, parliamentary objectivity, institutional neutrality and the presumption of innocence and that any determination of criminal liability against any individual or institution can only be made by a court of competent jurisdiction.

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