The Senate has said that Senate committees have no authority to issue, authorise or execute a warrant of arrest except in strict compliance with the Legislative Houses (Powers and Privileges) Act and with the express approval of the Senate President.
The red chamber made the clarification while distancing itself from the arrest warrant issued by the Senate Committee on Public Accounts against former Group Chief Executive Officer of the NNPCL, Mele Kyari, over his alleged failure to honour its invitations.
The resolutions followed a motion sponsored by the Senate Leader, Senator Opeyemi Bamidele, during plenary, where he warned that any attempt by a Senate committee to independently issue or execute a warrant of arrest without authorisation from the Senate President could amount to an unlawful exercise of power.
“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,” he said.
Bamidele added that “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.”
The Senate subsequently adopted a resolution formally dissociating itself from the comments and clarifying that they do not represent the findings, opinion, resolution or official position of the upper chamber.
Deputy Senate President Barau Jibrin strongly backed the motion, describing it as part of the constitutional responsibilities of the Senate Leader.
Reading from Senate rules and constitutional provisions, Barau stressed that committees are subordinate organs of the Senate and may only make recommendations rather than independently exercise powers reserved for the chamber.