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From Kenneth Udeh, Abuja
Innocent person’s who possess evidence in a financial or other crimes may now be free to disclose such information to Police or other law enforcement agencies without fear of victimisation, retaliation or life threatening harm following the Senate’s passage of a bill to create and operate a programme that protects witnesses who provide vital information, evidence or render assistance to law enforcement agencies in certain investigations, enquiries or prosecutions.
The planned legislation which was first considered in the 8th and 9th National Assembly was granted first reading after it was reintroduced again to the 10th Senate on Wednesday by Senator Barinada Mpigi (Rivers Southeast).
Barinada’s Bill labeled “Public Complaints Commission and other related matters Bill 2023” was presented again during Wednesday’s plenary session presided over by the President of the Senate, Senator Godswill Akpabio.
The Clerk of the Senate Chinedu Akubueze read the short title of the bill after the Leader of the Senate, Opeyemi Bamidele had introduced it to the Senators before which it was approved via voice votes.
The Act further states that it provides for Whistle Blowing or better known as Public Interest Disclosures.
The bill seeks to expand the existing provisions in the Public Complaints Commission Act 1975, and enable it to accommodate public interest disclosure.
When passed into law, it will repeal the Public Complaints Commission Act 1975 and reenact the Public Interest Disclosure and Complaints Commission Act 2022.
Further findings reveal that it has 15 Parts covering the legal and institutional framework, management and protection of disclosures.
In addition Parts 1 and 2, provide for the objectives of the bill and the establishment of the Public Complaints Commission as well as staff matters.
While Parts 3, 4, 5 and 6 provide for the powers and duties of Commissioners, reporting and enforcement, financial provisions as well as offenses and penalties.
The Senate also recommended that Parts 7, 8, 9, 10 and 11 make provisions for the Commission’s powers in respect of public interest disclosures, general principles, protection programme, immunity, compensation for victimization, as well as offenses, penalties and procedures for legal proceedings.
You may recall that in the past, the 8th Senate had attempted to pass the WhistleBlower and Witness Protection in one bill, but general consensus and best practice recommended that the bill be unbundled into two separate legislations.
However,the 9th Senate under the Leadership of former Senate President Ahmad Lawan had considered and subsequently passed the bill and though it was transmitted to the House for concurrence that process could not be concluded before the 9th Assembly elapsed.
You may also recall that the ‘Whistleblower and Witness Protection Bill, 2019’ was sponsored by the now late Senator Benjamin Uwajumogu (Imo North).
The eighth Senate had passed a similar bill in 2017. The bill made provision for financial rewards to encourage citizens who expose corruption.
It also sought to protect whistleblowers against victimisation and loss of jobs. The person who makes a disclosure shall not be subject to oppression or job losses by his or her employer or by fellow employees.
The bill sought to encourage and facilitate disclosures of improper conduct by public officers and public bodies and those who make such disclosures are protected under the law.
Meanwhile, the witness protection bill also passed by the 8th Senate sought to create and operate a programme that protects witnesses who provide vital information, evidence or render assistance to law enforcement agencies in certain investigations, enquiries or prosecutions.
The lawmakers are expected to debate the details of the bill on another legislative day.
