Bala Wunti Is Not Guilty of Corruption- Barr. Isa Hamza Yashi

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On Thursday, March 5, 2026, I watched the press conference held by the Senate Public Account Committee, chaired by Senator Ahmed Wadada. The conference addressed the financial discrepancies of the NNPC, based on findings from external auditors. The Senate Committee on Public Accounts has summoned Mele Kyari, the former Group Chief Executive Officer of Nigerian National Petroleum Company Limited (NNPCL), and his management team. This summons is due to alleged discrepancies of N210 trillion. This action followed the unsatisfactory response from NNPCL regarding the company’s audited financial statements between 2017 and 2023.

One major issue raised by the committee was the N103 trillion in accrued expenses recorded in the company’s 2022 audited financial statements. These expenses included retention, legal, and audit fees, but specific figures for each item were not provided in the accounts. NNPCL later stated that the amount represented cumulative spending by joint venture partners under the joint venture cash call arrangement. The committee rejected this explanation, noting that the cash call regime had been abolished in 2016 and took effect from January 2017.

The committee also questioned the N107 trillion recorded as sundry receivables as of December 2023. NNPCL claimed that part of the amount was owed by some defunct banks and other entities, but the company failed to provide a detailed breakdown identifying the institutions responsible for the debts. The committee observed a duplication of subsidy deductions amounting to N3.8 trillion, which was deducted from crude oil proceeds in the accounts of NAPIMS and also from petroleum product proceeds in the books of NNPC. Concerns were also raised about the over N5 trillion charged as direct production costs between 2017 and 2021, as NNPC and NAPIMS do not directly produce crude oil. Another issue highlighted was the N5.9 billion spent on incorporation expenses during the transition from NNPC to NNPCL, which the committee described as excessive.

In light of these findings, the committee resolved that NNPCL must account for the combined N210 trillion from the unexplained accrued expenses and sundry receivables. It also directed the company to refund all production costs charged against crude oil revenue during the review period. The committee further summoned the immediate past management of NNPC and NAPIMS, including Mele Kolo Kyari, former Chief Financial Officer Umar Ajiya, and former Group General Manager of NAPIMS, Bala Wunti.

Based on the information above, many people, particularly in Bauchi State, wrongly assumed that Mele Kolo Kyari, former Chief Financial Officer, Umar Ajiya, and Bala Wunti, former Group General Manager of NAPIMS, stole 210 trillion. However, according to Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, anyone accused of a crime is presumed innocent until proven guilty. This established legal principle means that even if someone is accused of a crime, the law considers them innocent until those making the accusation provide evidence in a court with jurisdiction.

By virtue of Section 36(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), every person charged with a criminal offence is presumed innocent until proven guilty. The burden of proof lies on the prosecution and must be established beyond reasonable doubt. In Hassan v. State (2024) LPELR‑80028 (SC) The Supreme Court of Nigeria reaffirmed that the burden of proving guilt lies on the prosecution and flows from the constitutional presumption of innocence. This is to say, the prosecution must prove every ingredient of the offence beyond reasonable doubt.Failure to do so means the accused must be discharged and acquitted. In Samaila v. State (2023) LPELR‑61132 (SC) The Supreme Court reiterated that the presumption of innocence is fundamental in criminal jurisprudence and the prosecution must establish guilt throughConfessional statement, Direct evidence, Circumstantial evidence

But such evidence must still meet the standard of proof beyond reasonable doubt.

I have observed that many people have declared Bala Wunti guilty of corruption through online media, based solely on reports from the Senate Public Accounts Committee. Although the committee clarified that they haven’t concluded that Mele Kolo Kyari and Bala Wunti stole the 210 trillion Naira, they stated there were expenditure discrepancies and summoned them for clarification. Even if the Senate Public Accounts Committee were to declare Mele Kolo Kyari, Bala Wunti, and others guilty of stealing the 210 trillion from NNPC, it would be invalid, null and void. Because the Senate Committee is not a court of law and lacks jurisdiction to pronounce anyone guilty of a crime, regardless of the circumstances.

Nevertheless, in Nigeria, only a court of law can declare a person guilty of a criminal offense flowing from Sections 6 and 36(5) of the Constitution of the Federal Republic of Nigeria 1999 as amended. In  Egejuru v. Medical & Dental Practitioners Investigation Panel the Court of Appeal held that only a court of law has the jurisdiction to try, declare and convict a person for a criminal offence. A professional or administrative body cannot pronounce a person guilty of crime unless such allegation is first established in a court of law. Also in Arisekola v. EFCC the court of appeal stated that even investigative agencies like EFCC cannot pronounce a person guilty because guilt can only be determined by a competent court after trial. In FRN v. Iweka the Court of Appeal reaffirmed that the power to determine criminal guilt belongs exclusively to the courts under Section 6 of the Constitution. In Garba v. University of Maiduguri, the Supreme Court Of Nigeria maintained that even a disciplinary body cannot convict a person of a criminal offence. It is settled law that the determination of criminal guilt is the exclusive preserve of the courts. No administrative body, investigative agency, or individual can pronounce a person guilty of a crime except a court of competent jurisdiction.

Bala Wunti is recognized for his philanthropy, dedication to youth development, human development, and capital development within and outside Bauchi State. This recognition led to his being considered as a candidate for Governor of Bauchi State in the upcoming 2027 General Election. I am afraid that his opponents and possibly their supporters have exploited the Senate Public Accounts Committee’s investigation for their own political purposes. Despite the committee mentioning three names, Mele Kolo Kyari, Umar Ajiya, and Bala Wunti, the focus has surprisingly been on Bala Wunti. This is likely an attempt to damage his hard earned reputation and undermine his potential candidacy in the upcoming 2027 General Election.

Isa Hamza Yashi , a legal practitioner wrote from Bauchi