The Senate on Thursday dismissed a warrant of arrest issued against Mele Kyari, former Group Chief Executive Officer of the Nigerian National Petroleum Company (NNPC) Limited, by its Public Accounts Committee, insisting the action was outside its constitutional powers and must be set aside
The upper chamber also distanced itself from comments allegedly made by Senator Adams Oshiomhole, representing Edo North, who was reported to have described the NNPC as a “bunch of criminals and thieves” during a committee hearing on Wednesday.
The matter was raised during plenary following a point of order by Senate Leader Opeyemi Bamidele, who cited Orders 41 and 51 of the Senate Standing Rules.
Bamidele stressed that under Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act, only the Senate President has the legal authority to issue a warrant compelling any witness to appear before the Senate or its committees.
He added that no committee has the power to issue, authorise or execute a warrant of arrest except in strict compliance with the law and with the approval of the Senate President.
Following deliberations, lawmakers resolved that the warrant issued by the Public Accounts Committee should be discountenanced, insisting the committee had acted beyond its mandate.
The Senate also declared that remarks attributed to Senator Oshiomhole do not represent the official position, findings, resolutions or opinion of the chamber.
Lawmakers reaffirmed their commitment to fair hearing, due process, institutional neutrality and the presumption of innocence, stressing that only courts of competent jurisdiction can determine criminal liability.
They further urged senators and committees to exercise restraint in public comments relating to ongoing investigations, warning against statements capable of prejudicing proceedings or suggesting that conclusions had already been reached.
The chamber directed all committees to strictly adhere to the Constitution, the Legislative Houses (Powers and Privileges) Act and the Senate Standing Orders in carrying out their oversight functions.
Contributing to the debate, Deputy Senate President Barau Jibrin said the Public Accounts Committee had overstepped its mandate.
“I want to commend the Leader for performing his duty. Issuing warrants is what the Senate President should do. The committee overstepped its bounds. We should take this as a lesson,” he said.
Senate Chief Whip Tahir Monguno said the legislature must always be seen to operate within the confines of the law.
“The Senate, being the highest lawmaking body in this country, should not only be seen to be above board, but should be seen manifestly to be above board in conducting its constitutional roles,” he said.
Senate Minority Leader Abba Moro also urged lawmakers to avoid comments that could be interpreted as attacks on the character of public officials under investigation.
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