OrderPaperToday – A bill seeking to establish the Witness Protection and Management Framework has scaled second reading in the Senate.
The bill, sponsored by Senator Suleiman Abdu Kwari (APC, Kaduna) is titled “A bill for an Act to establish the Witness Protection and Management Framework.”
It was reintroduced in November 2019 after it was passed by the 8th National Assembly but declined assent by Mr. President.
On February 23, 2021 the bills was listed among the bills of international significance in the anti-graft war as contained in a recent letter from the President Muhammadu Buhari, to the Senate.
The sponsor, while leading debate on the general principles of the bill said, “empirical evidence shows that one of the major causes of the inability to successfully prosecute criminal cases in our courts is the lack of witnesses.
“Many of them face intimidation and threats just as prosecutors most times do not have the funds and management framework to safely bring witnesses to testify in court.
“The passage of this bill into law will fill this gap as well as fulfill some of our country’s international commitments to various conventions and protocols, like the United Nations Convention against Corruption (UNCAC) amongst others”.
Sen. Kwari recalled that the Witness Protection and Management Bill and Whistle Blower Bill were initially considered as co-joined in a single bill by the 8th National Assembly and passed in 2017.
“Following a technical stakeholders roundtable comprising of representatives of relevant criminal justice system operators, it was resolved that both bills be unbundled in order to allow Law Enforcement Agencies (LEAS) currently running witness protection programs continue in that wise.
“This necessitated the separation of the two bills and accordingly paves the way for witness protection programmes across the broad spectrum of Law Enforcement Agencies, thereby discouraging duplicity and multiplicity of agencies.
“Section 1 of the bill provides for the establishment of a legal and institutional framework to protect witnesses and related persons, with responsibilities for carrying out all administrative duties relating to witnesses and related persons.
“The bill under the section ensures that the relevant agency takes responsibility for entering into a witness protection agreement, regulate the procedure while harmonizing existing laws and policies on witness protection and management.
“The Bill in Section 2 also specifies offences and laws in which the bill apply, and comprise terrorism, money laundering (prevention and prohibition), economic and financial crimes, corrupt practices and other related offences, drugs and narcotics and their trafficking, trafficking in persons, Criminal and Penal Code offences.
“It further provides for customs and excise management, any legislation dealing with proceeds of crimes, confiscation and forfeiture of assets, and to all justice sector institutions and authorities, including the courts, law enforcement as well as security agencies, and other relevant regulatory institutions towards the protection of witnesses in the course of the investigation, detection and prosecution of offences.
“Part 2 sets standard for establishing and managing the witness program, while Section 3 mandates all public institutions having responsibility under their laws of investigating and/or prosecuting offences under any law, to establish a witness protection and management program.
“The section further provides for rights, duties, privileges and obligations of other bodies such as courts, lawyers, parents/guardian in relation to witness protection and management.
“Part 3 provides for protections such as allowing a witness to establish a new identity or restore a former witness’s original identity by an application from a relevant agency made to the Court, for a new entry in the birth, marriage or death registry and issuance of a certificate as the case may be.
“Part 4 mandates relevant agencies, to designate a Witness Protection office at each of their branch offices to enable the adoption and management of the Witness Protection Program.
“Part 5 of the bill provide for the establishment of a Witness Protection Fund to be managed and controlled by relevant agencies.
“Such funds include moneys appropriated by the National Assembly for payment into the Protection Fund, which shall amount to at least fifty per cent of the total estimated expenditure of the Protection Fund, moneys approved by the President for Witness Protection Programs, moneys accruing to the Protection Fund from any fund or account established by an Act for the lodgment of proceeds of confiscation and forfeited assets.
“Other sources include a percentage of the total amount recovered by the Government as direct result of information provided by a protected person, subventions, grants, aid and donations from Federal or State Government, etc.
“Part 6 criminalizes certain acts relating to false or misleading and unlawful disclosures, false representation and unauthorized access to a witness.
“Part 7 under Miscellaneous provides for legal proceedings such as 30 days pre-action notice, non-compellability of witness, restriction on execution against property of the relevant agency, indemnity of officers of the relevant agency including powers of the Attorney General of the Federation to make regulations in respect of the bill.”
Accordingly, the Senate referred the bill to the Committees on Judiciary, Human Rights and Legal Matters; and Anti-Corruption and Financial Crimes, to report back within four weeks