Senate disowns ex-NNPCL GCEO, Kyari’s arrest warrant, knocks Oshiomhole

From Adesuwa Tsan, Abuja

The Senate has disowned the warrant of arrest issued against former Group Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL), Mele Kyari, declaring the action of its Committee on Public Accounts procedurally flawed and inconsistent with the provisions of the Legislative Houses (Powers and Privileges) Act.

It also disowned comments made by Adams Oshiomhole during Wednesday’s heated committee session in which he described the NNPCL as “a bunch of criminals and thieves,” insisting that they do not represent the official position, findings or opinion of the upper chamber.

These followed a motion of urgent national importance moved by Senate Leader Opeyemi Bamidele, who argued that while the Senate possesses extensive investigative powers under Sections 88 and 89 of the Constitution, such powers must be exercised strictly in line with due process, fair hearing and the rule of law.

The controversy arose after the Senate Committee on Public Accounts, chaired by Ibrahim Dankwambo, announced during a hearing on Wednesday that it had resolved to issue a bench warrant against Kyari over his repeated failure to honour 9 invitations relating to 19 audit queries contained in the Auditor-General’s reports on the NNPCL’s financial statements from 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.

Responding, Oshiomhole defended his conduct, insisting that his comments were made under provocation after former NNPCL Chief Financial Officer, Umar Ajiya, allegedly questioned the integrity of senators and accused them of interfering in appointments within the company.

According to him, the Public Accounts Committee was carrying out an assignment mandated by the Senate following audit reports which allegedly indicated that the NNPCL had not accounted for over N210 trillion.

“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 reaffirmed that only the Senate president can issue warrants compelling attendance before Senate committees; directed all committees to strictly comply with constitutional and statutory provisions; urged lawmakers to avoid prejudicial comments during investigations; and formally declared the warrant issued against Kyari by the Public Accounts Committee “null and void.”

Akpabio noted that while provocation could sometimes lead to regrettable statements, the Senate had a responsibility to protect the reputation of institutions critical to Nigeria’s economy.

“If the Nigerian Senate is seen to be criminalising what NNPCL stands for, no country will wish to do business with Nigeria,” he said.

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.