Senate Voids Kyari’s Arrest Warrant, Rebuke Oshiomhole Over NNPCL Remarks

The Nigerian Senate took a dramatic step Thursday to assert its institutional authority and uphold constitutional procedures by nullifying an arrest warrant issued against former Nigerian National Petroleum Company Limited (NNPCL) Group Chief Executive Officer Mele Kyari. The upper chamber also formally distanced itself from comments attributed to Senator Adams Oshiomhole, who allegedly described the national oil company as “a bunch of criminals and thieves.”

Following extensive debate, the Senate adopted a motion declaring that its Committee on Public Accounts lacks the authority to issue arrest warrants. The resolution, sponsored by Senate Leader Senator Opeyemi Bamidele, emphasized that only the Senate President can exercise such powers under the law. This decision came just a day after the committee announced the warrant for Kyari during its probe into alleged financial irregularities at NNPCL.

“

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.

Senator Bamidele argued that the Senate is obligated to protect constitutional order and ensure its oversight functions remain within legal boundaries. He cited Sections 88 and 89 of the 1999 Constitution, which empower the National Assembly to conduct investigations, but stressed that the authority to compel attendance through warrants rests solely with the presiding officer. He further referenced Sections 4, 5, and 6 of the Legislative Houses (Powers and Privileges) Act, which vest these powers in the President of the Senate for Senate proceedings and committee activities.

Bamidele cautioned against conflating legislative investigations with criminal trials, stating that individuals and institutions should not be pronounced guilty before investigations conclude or judicial determination. He underscored the constitutional doctrines of fair hearing and the presumption of innocence, asserting that guilt must be determined by a competent court after due process. Additionally, Bamidele criticized Oshiomhole's reported remarks, deeming them premature and suggestive of criminal culpability before any lawful investigation is completed.

“

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.