The Senate at its plenary session of Wednesday, 30 March 2022, read for the Third Time and Passed the Witness Protection and Management Bill, 2022 (SB 641). The Bill seeks to provide a legal and institutional framework for the protection of witnesses and related persons in respect to disclosures made for public interest.
Presenting the report of the Joint Committee on Judiciary, Human Rights and Legal Matters, and Anti-Corruption and Financial Crimes on the Bill, the Chairman, Sen. Michael Opeyemi Bamidele (APC: Ekiti), noted that the Bill further seeks to provide support, management and protection of witnesses through public institutions vested with the powers to investigate. and/or prosecute criminal cases.
Speaking on the highlights of the Bill, Sen. Bamidele explained that the provisions contained therein, reinforces the procedural provisions on witness protection under the Administration of Criminal Justice Act, 2015, addresses lacunas in Nigeria’s justice system and assures witnesses of their protection during investigations, inquiries and prosecution of crimes.
Furthermore, Sen. Bamidele stated that the Bill establishes a Witness Protection Programme that enables witnesses testify in a manner that ensures their safety through relocation, especially where witness cooperation is critical to the prosecution of cases in line with Article 24 of the United Nations Convention Against Transnational Organized Crime and Protocol which states the following:
1) Each State Party shall take appropriate measures within its means to provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings who give testimony concerning offences covered by this Convention and, as appropriate, for their relatives and other persons close to them.
2) The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:
a) Establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such pe rsons;
b) Providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness, such as permitting testimony to be given through the use of communications technology such as video links or other adequate means.
3) States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article.
4) The provisions of this article shall also apply to victims insofar as they are witnesses.
Sen. Bamidele added that the Witness Protection Programme will sustain and guarantee the constitution rights of the witness and defendant to fair hearing in trials and permit a witness to testify without fear of intimidation or reprisals.
Furthermore, the Bill will assist in uncovering organized criminal activities, enhance the administration of criminal justice and promote the fight against corruption.
