“The eyes are more exact witnesses”. —Heraclitus
What Senator Abdul Kwari, Kaduna North Senatorial District and Chairman, Senate Committee on Anti-Corruption and Financial Crimes, has consciously set out to achieve with the Witness Protection and Management Bill is the protection of witnesses to the commission of crimes, who are brave enough to come forward and testify. Beyond protecting witnesses is the eradication of corruption and crimes generally.
Without key witnesses, criminals face no risk of paying for their crimes.Thus, criminal enterprise continues to flourish, because many criminals have gone scot-free. But these crucial witnesses, whose contribution to a lawful society can’t be quantified, face real threat of being murdered or maimed for life.
Richard Belzer, author of “The Hit List”, claims that at least 50 journalists, law enforcement agents, lawyers, etc lost their lives in mysterious circumstances, for daring to ask uncomfortable questions or for being witnesses to the assassination of late John F. Kennedy, the American President.
By 2020, approximately 19,000 witnesses and their family members are under the protection of the United States government. The key weapon of these criminals, whether drug or white collar, is the threat to kill witnesses to their crimes, or the intimidation of their family members.
The investigation and prosecution of the Cosa Nostra (Sicilian, Italy, Mafia) members was made possible by witnesses to their crimes, their foot soldiers, with deep knowledge of their operations, who turned state witness. Once assured of their personal safety and that of their family, they started singing like canaries.
Even at that, the war against organised crimes wasn’t effective until 1970, when the United States Congress created the Witness Security Programme, the missing Link, that offered protection and relocation to witnesses whose testimony was considered crucial in the war against organised crimes.
The much acclaimed Whistle Blower Policy, an initiative of the Federal Ministry of Finance, spectacularly, failed, because of the absence of protection for the whistle blowers, who at personal risks voluntarily disclosed information about fraud, bribery, looted government funds, financial misconduct, tampering with government assets and other forms of corruption or theft.
The fear of retaliation; transfer, demotion and dismissal is believed to be the reason people with information chickened out. And the real danger is that the intimidation of witnesses discourages others from coming forward with information that could lead to crime busting.
Under two months, over $170 million had been recovered through that laudable policy, from about 2,150 tips by concerned Nigerians. But the policy unfortunately fizzled out, like it started, because of this missing link. There’s no gainsaying that witnesses deserve maximum protection for the dangerous, but patriotic duty of exposing crime.
The noticeable impediments, the limitations inherent in the Whistle Blower Policy, and the overall effect of these on the war against corruption, are what Senator Abdul Kwari’s bill, “WITNESS PROTECTION AND MANAGEMENT BILL, 2020”, aims to legally cure.
The bill is, without doubt, an effective piece of legislation in deterring the commission of crimes, and when committed, ensuring that witnesses can have the encourage to testify without fear. Clearly, the whistle blowers had developed cold feet, due to the lack of state protection, which, by the way, must be comprehensive and all encompassing.
Senator Kwari’s bill to provide the legal framework, which didn’t exist, has been sent to the Committee on Anti- Corruption and Financial Crimes for further legislative actions. The unanimous support from senators, across party lines, who variously described it as an effective tool in the war against corruption, as key and timely legislation, is an indication that it will sail through.
Highlights of the bill include; establishing the legal and institutional framework to protect witnesses and related persons, with responsibilities for carrying out all administrative duties relating to witnesses and related persons, including providing temporary protection and related services in accordance with the provisions of this Act; to also ensure that the relevant agency takes responsibility for entering into an agreement with the witness on behalf of the state; to regulate the procedure and determine the manner in which the provisions of this Act shall be carried out.
When passed into law, it will designate places to be utilised as places of safety for the purposes of the Witness Protection Programme established under this Act; ensure effective use and nationwide supervision of Witness Protection Officers of the relevant agency, ensure that adequate consideration is given to the rights of witnesses under this Act; and harmonisation of existing laws and policies on witness protection and management.
The bill will apply to investigation and prosecution of offences relating to 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, customs and excise management, any legislation dealing with proceeds of crimes, confiscation and forfeiture of assets, and such other offences as may be contained in enactments enacted by the National Assembly and designated by Attorney-General by an order published in the Federal Gazette.
The Senator Kwari bill is an evidence that the legislature can function, if serious minded people are elected. Laws impact on nearly every aspect of our daily lives. Clearly, Kaduna state in Kwari, and Senator Uba Sani, Kaduna Central Senatorial District and Chairman, Senate Committee on Banking, Insurance and other Financial Institutions, whose two bills have been assented to by the president, have proven themselves serious minded and justified the confidence reposed in them by the people of their respective zones.
Hopefully the Southern Kaduna Senatorial District will in the next assembly, send a more worthy senator. Despite spending two solid terms, Senator Danjuma Laah is yet to move beyond moving motions.
Musa writes from Kaduna.
