The upper chamber held that the power to authorise such a threat rests solely with the presiding officer of the Senate, in line with its rules and constitutional provisions.
The Senate on Thursday disagreed with its Committee on Public Accounts’ decision to issue a warrant of arrest against a former Group Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPC Ltd), Mele Kyari, for his failure to appear before the committee.
The upper chamber held that the power to authorise such a measure rests solely with the presiding officer of the Senate, in line with its rules and constitutional provisions.
Consequently, the Senate withdrew the threat of arrest against Mr Kyari. It directed that no committee should issue such a directive in the future without the Senate President’s approval.
The Senate President, Godswill Akpabio, announced the resolution after a majority of senators adopted it through a voice vote during plenary.
The PAC initially issued the arrest threat during its meeting on Wednesday, after Mr Kyari failed to honour several invitations to explain the alleged ₦210 trillion discrepancy flagged in reports submitted by the Auditor-General of the Federation covering the period between 2017 and 2023.
The controversy surrounding the alleged ₦210 trillion discrepancy emerged in June 2025 following public scrutiny of NNPC Ltd’s audited financial statements. Nearly a year later, the matter remains unresolved, with no clear explanation yet provided for the alleged shortfall.
The matter was raised during the plenary by the Senate Leader, Opeyemi Bamidele, through a point of order under Orders 41 and 51 of the Senate Standing Rules, which allow senators to present matters of urgent national importance even when they are not listed on the Order Paper.
Mr Bamidele, while moving the motion, argued that the outcome of the committee’s proceedings and certain remarks made by some senators, particularly the senator representing Edo North, Adams Oshiomhole, who described NNPC Ltd officials as a “bunch of criminals and thieves,” could negatively portray Nigeria before the international community, given the strategic role of the national oil company in the country’s economy.
He argued that neither committees of the National Assembly nor individual lawmakers have the constitutional authority to describe anyone as a “thief” unless a court of competent jurisdiction has found the person guilty.
“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,” he said.
The senate leader also opposed the committee’s decision to issue a warrant of arrest independently, stating that such action should not be taken without the senate president’s approval.
He therefore urged the Senate to dissociate itself from the remarks and withdraw the threat of arrest against the former NNPC chief.
When the motion was put to a vote, it received the support of the majority of senators.
Mr Oshiomhole, however, acknowledged that the committee does not have the authority to issue an arrest warrant on its own. He explained that the committee intended to communicate its recommendation to the Senate president for appropriate action.
“We acknowledge that the committee and I do not have the power to issue the bench warrant. But this will be communicated to your Excellency, the Senate President, who has that power. Number two, this motion was not moved by me. It was seconded by one of your principal officers. None of those things has been mentioned. It is as if we went there on our own,” he explained.
Mr Oshiomhole, a former governor of Edo State, also clarified that his remarks were made in the heat of the moment and in response to provocation during the committee’s proceedings.
“We have senior advocates here. Even in matters of murder, if you can establish that you acted under extreme provocation, the court will take a second view. This Senate, under your leadership, was being attacked. Our collective integrity was called into question. You were accused of nominating your children for positions at NNPC, and here we are asking questions about ₦210 trillion.
“Sir, I owe a duty to the Nigerian nation, first and may God punish me any time I knowingly allow my responsibility to be compromised by people who think they have money. That is why I said, among other things, that the laws of the Senate will be meaningful when we use them to deal with people who have money, who are lions, not when we harass innocent, poor civil servants. I said so.
“Now, about my use of the word “thieves,” I acted under provocation because your distinguished members were being attacked unjustly. And I thought I had a duty to defend all of us,” he said.
Mr Oshiomhole further urged the Senate president to refrain from publicly suggesting that senators lack adequate knowledge of the Senate’s rules and procedures.
“I want to plead with you, sir. Don’t publicly accuse the senators of breaking the rules. We are knowledgeable of the rules. We have done you proud by citing those rules. I am not in your position, but you gave us a job to do. So if somebody abused my brother, abused my sister senators, I should give him ice cream?” he said.
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