Prosecution witnesses in foreign countries may be kept in Nigeria for safety
By Jeph Ajobaju, Chief Copy Editor
Prosecution witnesses in cases involving terrorism, money laundering, drugs, and other criminal acts may now be flown to foreign countries for safety reasons and those living abroad may be brought to Nigeria for protection.
The Witness Protection Bill 2022 President Muhammadu Buhari recently signed into law allows such protection for Nigerians and foreigners who provide information to the security agencies during investigation and prosecution of offences.
Section 17 of the Act titled, “Agreements with international bodies, institutions, organisations or foreign countries”, mandates a security agency to get the approval of the Attorney General before making any arrangement with a foreign country or organisation.
The Act reads in part: “The relevant agency may, with the approval of the Attorney-General, make an arrangement with a foreign state, international body, institution or organisation on any matter relating to cooperation between Nigeria and that State, international body, institution or organisation relating to witness protection.
“The relevant agency may enter into an agreement, either in general or on specific terms and conditions with a competent authority in a foreign country in order to (a) place a protected person under a witness protection arrangement administered by that country; or (b) admit a protected person to witness protection arrangement under any law applicable to that country.”
The Act applies to the 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
- Proceeds of crimes
- Confiscation and forfeiture of assets
- Other offences contained in enactments by the National Assembly and designated by the Attorney General by an order published in the Federal Gazette
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Qualification for protection
Per The PUNCH reporting, to qualify as a witness under the Act
- A person is required to have information about the commission of an offence or wrongdoing, and has given, is giving, or agreed to give evidence on behalf of the state in the proceedings for the trial of the offence, or hearings or proceedings relating to the offence or wrongdoing before an authority which is declared by the Attorney General by an order published in the Federal Gazette to be an authority to which this paragraph applies.
A witness can be
- A person who has made a statement to the Inspector General of Police or a member of the Nigeria Police Force, or a law enforcement officer, in relation to an offence in contravention of law in Nigeria.
- A person required to give evidence in a prosecution or an inquiry held before a court or tribunal outside Nigeria for a number of stipulated purposes; or who has given, is giving or has agreed to give, the evidence before an investigating authority, a commission of inquiry or tribunal.
The family member or anyone in a relationship with a witness may equally require protection or other assistance under the Act.