The Senate President, Ahmed Lawan, has stated that the battle against corruption waged by the President’s regime, Major General Muhammadu Buhari (retd. ), must be won despite momentary setbacks.
This was mentioned by Lawan in his remarks during the second reading of a bill to create the Witness Protection and Management Framework in plenary on Tuesday.
He stated that the battle against corruption must be pushed actively by the government to achieve the eventual elimination of graft since it is capable of impeding Nigeria’s progress.
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He went on to say that if the Witness Protection Act is enacted and signed into law, there will be an incentive for witnesses to testify in corruption cases because they will be protected.
Ezrel Tabiowo, Special Adviser (Press) to the Senate President, made the announcement in a statement on Tuesday.
“Distinguished colleagues, practically every administration in this nation will strive against corruption that has bedeviled the progress of our country,” he reported Lawan as saying.
The witness protection law, which we are now considering, is a step forward in encouraging witnesses to speak against corruption. And properly safeguarding them will incentivize such witnesses.
“The struggle against corruption is necessary, and it must be won. It is not about the amount of money or resources we have, but about how we use even our limited resources.” So, this is a really significant law, and I’m sure we’d all provide our support.
Senator Suleiman Abdu Kwari, sponsor of the Act to Establish the Witness Protection and Management Framework, stated that the bill was first to read on February 23, 2021.
According to the legislator, it was also included as one of the legislation of interest and worldwide relevance in President Buhari’s latest Executive Communication, which was read on the Senate floor on January 19, 2022.
“Empirical evidence shows that one of the major causes of our courts’ inability to successfully prosecute criminal cases is a lack of witnesses.
“Many of them face intimidation and threats, just as prosecutors frequently lack the funds and management framework to safely bring witnesses to testify in court.
The adoption of this measure into law will address this void while also fulfilling some of our country’s international responsibilities to different treaties and protocols, such as the United Nations Convention Against Corruption (UNCAC), among others,” Senator Kwari stated.
He also noted that the 8th National Assembly first reviewed and enacted the Witness Protection and Management Bill and the Whistleblower Bill as a combined bill in 2017.
He went on to say that after a technical stakeholders roundtable with representatives from relevant criminal justice system operators, it was decided that both bills be unbundled in order to allow Law Enforcement Agencies (LEAS) that are currently running witness protection programs to continue doing so.
“This mandates the separation of the two legislation and, as a result, prepares the way for witness protection programs throughout the entire spectrum of Law Enforcement Authorities, discouraging duplication and multiplicity of agencies,” he explained.
Section 1 of the bill establishes a legal and institutional framework to safeguard witnesses and connected individuals, as well as responsibility for carrying out all administrative obligations pertaining to witnesses and related persons.
The part of the bill assures that the competent agency is responsible for entering into a witness protection agreement, that the procedure is regulated, and that current laws and policies on witness protection and management are harmonized.
Section 2 of the Bill further states the offenses and laws to which the bill applies, which include terrorism and money laundering (prevention and prohibition), economic and financial crimes, corrupt practices and other associated offenses, drugs, and narcotics trafficking, human trafficking, Criminal and Penal Code violations.
It also includes provisions for customs and excise management, any legislation dealing with criminal proceeds, asset confiscation and forfeiture, and all justice sector institutions and authorities, including courts, law enforcement, security agencies, and other relevant regulatory institutions, to protect witnesses during the investigation, detection, and prosecution of offenses.
Part 2 establishes standards for developing and maintaining the witness program, while Section 3 requires all public institutions with the legal authority to investigate and/or prosecute crimes under any legislation to create a witness protection and management program.
In addition, the section addresses the rights, responsibilities, privileges, and obligations of other authorities, such as courts, attorneys, and parents/guardians, in regard to witness protection and management.
Part 3 also includes safeguards such as allowing a witness to establish a new identity or restore a former witness’s original identity through an application to the Court from a relevant agency for a new entry in the birth, marriage, or death registry and the issuance of a certificate, as appropriate.
Part 4 requires relevant agencies to establish a Witness Protection office at each of their branch offices in order to implement and administer the Witness Protection Program.
Part 5 of the law, on the other hand, calls for the establishment of a Witness Protection Fund to be overseen and regulated by competent agencies.
According to the bill, such funds include money appropriated by the National Assembly for payment into the Protection Fund, which must equal at least fifty percent of the Protection Fund’s total estimated expenditure, money approved by the President for Witness Protection Programs, and money accruing to the Protection Fund from any fund or account established by an Act for the deposit of confiscation and forfeited assets.
Other sources include subventions, grants, help, and contributions, as well as a portion of the total sum recovered by the government as a direct result of information supplied by a protected person.
Part 6 criminalizes fraudulent or misleading and unlawful disclosures, false representation, and unauthorized access to a witness.
Part 7 of the Miscellaneous section provides for legal proceedings such as 30 days pre-action notice, non-compellability of witnesses, restrictions on execution against relevant agency property, indemnity of relevant agency officers, and powers of the Attorney General of the Federation to make regulations in relation to the bill.
After discussion, Senate President Ahmad Lawan forwarded the bill to the Committees on Judiciary, Human Rights and Legal Matters, and Anti-Corruption and Financial Crimes.
The Joint Committee is slated to provide its findings in four weeks.
Meanwhile, a measure to create the Federal Polytechnic Shagamu passed the second reading in the Senate.
Senator Olalekan Mustapha (Ogun East) sponsored the bill, which was submitted by the Senate President for further consideration to the Committee on Tertiary Institutions and TETFUND.
In addition, the Committee was given four weeks to report back to the parliament in plenary.
