Nigerian Senate Disowns Oshiomhole’s ‘ Criminals And Thieves’ Remark Against NNPC, Moves To Stop Committees From Issuing Arrest Warrant

 

According to the motion, Sections 88 and 89 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), confer investigative and oversight powers on the National Assembly and its Committees for the purposes of lawmaking, accountability, transparency and good governance.

The Nigerian Senate is set to consider a far-reaching motion which it claimed is aimed at preserving its institutional authority, safeguarding the principles of fair hearing and due process, and ensuring strict compliance with the Legislative Houses (Powers and Privileges) Act.

This is amid growing controversy surrounding the Senate Committee on Public Accounts’ investigation into the Nigerian National Petroleum Company (NNPC) Limited and its former leadership.

The motion, sponsored by Senate Leader, Senator Opeyemi Bamidele, seeks to reaffirm that Senate Committees do not possess the legal authority to independently issue or execute warrants of arrest.

This is also as the senate formally distances the upper legislative chamber from remarks attributed to Senator Adams Oshiomhole describing NNPC Limited as “a bunch of criminals and thieves.”

According to the motion, Sections 88 and 89 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), confer investigative and oversight powers on the National Assembly and its Committees for the purposes of lawmaking, accountability, transparency and good governance.

The motion further notes that the Legislative Houses (Powers and Privileges) Act, Cap. L12, Laws of the Federation of Nigeria, 2004, provides the legal framework for compelling the attendance of witnesses before either chamber of the National Assembly and its Committees.

Senator Bamidele argued that Sections 4, 5 and 6 of the Act 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 relation to Senate proceedings and committee activities.

The motion comes after day of actions taken by the Senate Committee on Public Accounts, which recently considered and reportedly resolved to issue, or recommended the issuance of, a warrant of arrest against former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mallam Mele Kyari, following allegations that he failed to honour invitations extended by the committee.

Bamidele stated that concerns had arisen over comments allegedly made during deliberations by Senator Adams Oshiomhole, who reportedly described NNPC Limited as “a bunch of criminals and thieves.”

According to the Senate Leader, the Senate, as an institution established under the Constitution, 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.

The motion stresses that while the Senate possesses extensive investigative and oversight powers, such powers 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.

It further notes that NNPC Limited is a company incorporated pursuant to the Petroleum Industry Act, 2021, and remains a strategic national energy institution in which the Federation of Nigeria retains ownership interests on behalf of the Nigerian people.

The Senate Leader warned that statements characterising NNPC Limited 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.

He argued that such statements, if left unclarified, could be misconstrued by members of 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.

The motion also emphasises that Senate Committees derive their powers solely from the Senate and may exercise only those powers expressly conferred upon them by the Constitution, the Standing Orders of the Senate and Acts of the National Assembly.

It notes that the power to issue a warrant affecting the liberty of a citizen is an extraordinary statutory power that must be exercised strictly in accordance with procedures prescribed by law.

Bamidele further stated that the constitutional doctrine of fair hearing and the presumption of innocence require that no individual or institution be adjudged guilty except by a court of competent jurisdiction after due process of law.

He added that legislative investigations are intended to aid oversight, accountability and lawmaking and are not substitutes for criminal prosecution or judicial determination.

The motion observes that compliance with due process strengthens, rather than weakens, the authority, dignity and credibility of the Senate.

It further argues that any attempt by a Senate Committee to independently issue or execute a warrant of arrest without recourse to the President of the Senate may amount to an exercise of powers not conferred upon it by the Legislative Houses (Powers and Privileges) Act.

The Senate Leader expressed concern that procedural irregularities of that nature could expose Senate proceedings to avoidable legal challenges and diminish public confidence in the institution.

He also warned that statements suggesting the guilt or criminal culpability of any person or institution before investigations are completed may prejudice proceedings and create the impression that conclusions have already been reached.

According to the motion, the Senate must at all times uphold the constitutional principles of due process, fair hearing, parliamentary neutrality and the rule of law in the discharge of its oversight responsibilities.

As part of its proposed resolutions, the Senate intends to reaffirm that pursuant to Sections 4, 5 and 6 of the Legislative Houses (Powers and Privileges) Act, the authority to issue a warrant compelling the attendance of any witness before the Senate or any of its Committees is vested exclusively in the President of the Senate and not in any committee acting independently.

The motion also seeks a declaration that no Senate Committee shall purport to issue, authorise or execute a warrant of arrest except in strict compliance with the provisions of the Legislative Houses (Powers and Privileges) Act and with the approval and authority of the President of the Senate.

In a move likely to attract significant political attention, the Senate is expected to formally disassociate itself from comments attributed to Senator Oshiomhole describing NNPC Limited as “a bunch of criminals and thieves,” clarifying that such remarks do not constitute the official position, finding, resolution, opinion or determination of the Senate of the Federal Republic of Nigeria.

The upper chamber is also expected to affirm its commitment to the constitutional principles of fair hearing, due process, parliamentary objectivity, institutional neutrality and the presumption of innocence.

The motion emphasises that any determination of criminal liability against an individual or institution can only be made by a court of competent jurisdiction.

Furthermore, the Senate plans to urge all committees and members to exercise restraint in public statements relating to ongoing investigations and to avoid comments capable of prejudicing proceedings or conveying conclusions on matters yet to be determined by competent authorities.

It also directs all Senate Committees to ensure strict adherence to constitutional provisions, the Legislative Houses (Powers and Privileges) Act and the Standing Orders of the Senate in the exercise of investigative and enforcement powers.

The motion reaffirming the Senate’s commitment to robust legislative oversight, transparency and accountability while preserving the rule of law, constitutionalism and the institutional integrity of the National Assembly.

SaharaReporters previously reported that a dramatic session of the Senate Committee on Public Accounts on Wednesday descended into heated exchanges as Senator Oshiomhole, representing Edo North Senatorial District, accused the Nigerian National Petroleum Company Limited (NNPCL), declaring that the state-owned oil company had “no reputation” and that its reputation was “for fraud.”

Oshiomhole had made the remarks while backing a motion calling for the arrest of former Group Chief Executive Officer of NNPCL, Mele Kyari, over allegations that trillions of naira could not be accounted for during his tenure.

The former Edo State governor spoke during a tense committee session that focused on allegations of financial mismanagement and accountability issues involving the national oil company.

During an exchange with representatives of the former NNPCL chief and the corporation, Oshiomhole dismissed claims that Nigerians wanted employment opportunities in the company because of its reputation.

“NNPC has no reputation. Your reputation is for fraud. Can you see those? People want their children to be employed here,” Oshiomhole said.

“They want this. They want this. I can’t talk to them like that.

“Do you think we are children? Mr. Chairman, we need to make… No, wait, wait. Don’t do that. When the Senator has the floor, please allow me to land.

“And I will land nicely. I listen. I hear you say people want their children to be employed in NNPC.

“Yes, because it’s a house of thieves. And they want their children to benefit from it. Yeah. So, let’s say those things.”

The senator insisted that the committee must adhere strictly to its constitutional responsibilities and not allow procedural excuses to prevent accountability.

“Procedural issues. And listening to the appropriate section as raised by the Distinguished Senator Babagda, it is clear that even if we don’t have any discretion, when the law says you shall, you must. We are all that combined and we cannot sit here and betray the very rules without which we can’t be here,” he had said.

The senator then called on the committee to immediately issue a warrant for Kyari’s arrest, arguing that allegations involving trillions of naira demanded urgent action.

SOURCE: SAHARA REPORTERS