Nigerian lawmakers threaten warrant of arrest on Cardoso

The House of Representatives Committee on Public Account has threatened to issue a warrant of arrest on the Central Bank Governor, Oluyemi Cardoso, for shunning its invitations.

The Chairman of the committee, Bamidele Salam (PDP, Oyo), issued the threat in a letter addressed to Mr Cardoso on Tuesday.

In the letter, dated 27 February, the committee accused the CBN boss of shunning invitations to its hearing on revenue leakages through the Remita platform.

Mr Salam said the CBN governor has ignored four invitations but only sent a representative to appear in his stead.

He threatened that the committee would invoke section 89 of the 1999 Constitution, mandating it to issue a warrant of arrest if the need arises.

“It may also interest you to note that the Committee under Sections 89 (1) (d) the Committee has the power to issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so.

“Failure to comply with this civil invitation may leave the Committee no choice but to issue a warrant of arrest against you in line with Legislative Houses (Powers & Privileges Act 2017) (Sections 2 & 3) and the 1999 CFRN (as amended) in line with House Procedures,” the letter, which was shared with journalists, read in part.

Ultimatum

Mr Salam said the CBN Governor has a one-week ultimatum to appear before the panel or face a warrant of arrest by the House.

Section 89 gives the National Assembly the power to issue a warrant of arrest to compel an appearance for investigation

“For the purposes of any investigation under section 88 of this Constitutional and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have the power to –

“Issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons.”

However, committees of the National Assembly mostly use constitutional provision as a threat, which they rarely carry out.

The Central Bank governor is currently under heat to save the Naira which has been on a downward slide for the past couple of months. He will, however, have to contend with the demands of the lawmakers and their incessant summons.

Last December, the House of Representatives Committee on Public Petitions issued a warrant of arrest on Mr Cardoso for refusing to appear before it to answer questions on the oil sector.

The letter in full:

Central Bank of Nigeria
Central Business District
FCT, Abuja

RE: INVESTIGATION OF REVENUE LEAKAGES THROUGH REMITA PLATFORM AND NON-COMPLIANCE SUBSTANTIVELY WITH STANDARD OPERATING PROCEDURE AND OTHER ALLIED SERVICE LEVEL AGREEMENT 2023 (HR.373/11/2023)

Please refer to your representation before the Public Accounts Committee on Tuesday 27th February, 2024 by an Assistant Director without a written letter to that effect. Be advised, the Committee does not allow representation, all Chief Accounting Officers are to appear in person to defend their Office.

You will also recall that the Committee has sent several correspondences to your Office on the same subject with Ref. Nos: HR/PAC/SCO5/10NASS/HR.373/11/2023/1/2, dated 8th December 2023; HR/PAC/SCO5/10NASS/HR.373/11/2023/1/31, dated 19th January 2024; HR/PAC/SCO5/10NASS/HR.373/11/2023/1/60, dated 25th January 2024 and HR/PAC/SCO5/10NASS/HR.373/11/2023/2/84, dated 19th February, 2024, and observed your absolute disregard for its Constitutional mandate. Please find copy of letters attached

Your failure to cause appearance before the Committee and respond to the issues has greatly stalled this Committee’s investigative process on Revenue leakages through the REMITA platform.

Consequently, the Committee also wishes to draw your attention to previous letters on various subject matters, of which you are yet to respond to, please find references below:

HR/PAC/SCO5/10NASS/QUE.2/29 dated 23rd January, 2024; HR/PAC/SCO5/10NASS/FA/1 dated 23rd January, 2024; HR/PAC/SCO5/10NASS/SE.3/34 dated 30th January, 2024 and HR/PAC/SCO5/10NASS/SE.3/35 dated 22nd February, 2024. Please also find copy of letters attached

The Committee frowns at this and wishes to remind you of the relevant constitutional provisions Sections 62 and 89(1) (a, b, c & d) & (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Public Accounts Committee has the power to summon any person in Nigeria to give evidence, produce any document in his possession and under his control. It may also interest you to note that the Committee under Sections 89 (1) (d) the Committee has power to issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so.

Failure to comply with this civil invitation may leave the Committee no choice but to issue a warrant of arrest against you in line with Legislative Houses (Powers & Privileges Act 2017) (Sections 2 & 3) and the 1999 CFRN (as amended) in line with House Procedures.

Consequently, the Committee resolved to grant you one last opportunity to appear. You are strongly advised to take good advantage of this invitation and appear before the Committee unfailingly on Tuesday 5th March, 2024 at 10:00am in Meeting Room 446, House of Representatives’ New Building to respond to the issues that will arise during the hearing session.

You are also advised to come along with all relevant Officers who are familiar with the issues at stake and may assist you provide answers to any question that could arise during the Session.

For further enquiries, please contact the Committee on 08051383900 (whatsapp only) or 08033140346

Please accept the assurances of the Committee’s esteemed regards.

REP. BAMIDELE SALAM

CHAIRMAN