What began as an aggressive Senate committee investigation into claims that the Nigerian National Petroleum Company Limited (NNPCL) could not account for N210tn ended with the Senate itself repudiating key actions taken by its Public Accounts Committee, distancing the institution from controversial comments made by Edo Senator Adams Oshiomhole, and voiding a warrant of arrest issued against former NNPCL Group Chief Executive Officer, Mele Kyari.
The dramatic turn of events unfolded on Thursday when the Senate, through a motion raised by Senate Leader Opeyemi Bamidele, moved to protect what lawmakers described as the institutional integrity of the upper chamber, uphold due process, and reaffirm the limits of committee powers under Nigerian law.
At the heart of the controversy were two issues: the warrant of arrest issued against Kyari by the Senate Committee on Public Accounts and comments attributed to Oshiomhole during the committee’s proceedings in which he reportedly described NNPCL as “a bunch of criminals and thieves.”
The Senate’s intervention effectively reversed the committee’s position and underscored concerns among lawmakers that legislative oversight must be conducted without prejudice, bias or the appearance that conclusions have already been reached.
The controversy began during the committee’s ongoing probe into allegations relating to NNPCL’s financial records and claims that the company could not account for N210tn.
As part of its investigation, the Public Accounts Committee invited Kyari to appear before it. However, the former NNPCL boss wrote the committee explaining his absence due to health-related issues while other leadership of the company invited attended.
Mallam Kyari said he was ready to respond to all inquiries and that the channel to be reached was open.
During the committee’s proceedings, Anambra Senator Tony Nwoye validated Kyari’s letter and informed members that Kyari was receiving medical treatment and therefore could not attend.
Nwoye told the committee: “I spoke to Mele Kyari about a week ago. He promised that he would be here. But incidentally, I learned last night that the man is hospitalized in Germany.”
His intervention was intended to persuade the committee to postpone further action until Kyari was medically fit to appear. Some members reportedly agreed that the circumstances warranted caution, particularly because the absence was health-related rather than a deliberate refusal to cooperate.
Despite those concerns, the committee proceeded with a warrant of arrest against the former NNPCL chief.
The committee’s decision immediately generated debate within and outside the National Assembly. Questions were raised about whether a Senate committee possessed the authority to issue such a warrant independently and whether the action complied with the Legislative Houses (Powers and Privileges) Act, 2017.
The controversy deepened after comments attributed to Oshiomhole during the proceedings.
The former Edo State governor reportedly referred to NNPCL as “a bunch of criminals and thieves,” a remark that attracted criticism because the committee’s investigation was still ongoing and no judicial determination had been made regarding any allegations against the company or its officials.
The fallout from the committee’s actions was significant enough for the matter to be brought before the full Senate under a Matter of Urgent Public Importance with senators angry that the former Labour leader had exposed the upper chamber to ridicule.
Rising under Orders 41 and 51, Senate Leader Opeyemi Bamidele argued that the issues raised by the committee’s actions went beyond a routine investigation and touched on the constitutional responsibilities of the Senate itself.
According to Bamidele, the Senate had a duty to preserve its institutional authority, ensure compliance with the law and uphold the principles of fair hearing, due process and parliamentary impartiality.
He reminded lawmakers that Sections 88 and 89 of the Constitution of the Federal Republic of Nigeria empower the National Assembly to conduct investigations and oversight activities in the interest of accountability, transparency and good governance.
However, he stressed that such powers are not unlimited and must be exercised strictly within the framework established by law.
Bamidele specifically cited the Legislative Houses (Powers and Privileges) Act, 2017, which governs the procedures for compelling witnesses to appear before the National Assembly and its committees.
According to him, “Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act, 2017 specifically vest the authority to issue warrants compelling the attendance of witnesses in the Presiding Officer of the Legislative House, namely the President of the Senate in respect of Senate proceedings and Committees thereof.”
That provision became central to the Senate’s deliberations because it raised a fundamental question: Did the Public Accounts Committee possess the legal authority to issue a warrant of arrest on its own?
Bamidele’s position was unequivocal. He argued that committees derive their authority from the Senate and may only exercise powers expressly granted to them by the Constitution, Senate Standing Orders and relevant legislation.
“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,” he said.
Beyond the procedural issue, Bamidele also focused on the comments attributed to Oshiomhole.
He warned that the Senate must be careful not to create the impression that it had already reached conclusions about any person or institution appearing before it.
According to him, “the Senate, as an institution established under the Constitution of the Federal Republic of Nigeria, is bound at all times to conduct its proceedings in accordance with the principles of natural justice, fairness, objectivity, parliamentary responsibility and respect for the rule of law.”
He further stated that although the Senate possesses extensive oversight powers, those powers he said “must be exercised in a manner that does not create the appearance of bias, prejudice, pre-judgment or predetermined conclusions regarding any person or institution under investigation.”
The Senate Leader noted that NNPCL remains a strategic national institution incorporated under the Petroleum Industry Act, 2021, with ownership interests held on behalf of Nigerians.
For that reason, he argued that public comments suggesting criminality before the conclusion of investigations could have serious implications.
He observed that statements characterizing NNPCL as “a bunch of criminals and thieves” were capable of conveying a conclusion of criminal culpability against the institution and its officers before the completion of any lawful investigation or determination by a court of competent jurisdiction.
Bamidele warned that if such statements were left unaddressed, they could easily be interpreted by the public as the official position of the Senate.
“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,” he said.
The Senate Leader maintained that legislative investigations are designed to support lawmaking, oversight and accountability, not to function as substitutes for criminal prosecution or judicial determination.
