In December 2024, the Lagos State Government took a significant step forward in the administration of justice by enacting the Victims Assistance and Witness Protection Law. An International Human Rights and Justice Reform advocate, Mrs. Bola Akinsete, analysed the importance of the law, its key provisions and emphasised the crucial role that witnesses play in the judicial process during an encounter with ADEBISI ONANUGA
An overview of VAWPL
An International Human Rights and Justice Reform advocate, Mrs. Bola Akinsete, has said that the Victims Assistance and Witness Protection Law of Lagos State (VAWPL) assented to by Mr. Governor marks a pivotal shift in the focus towards the needs of victims and the protection of witnesses involved in the criminal justice system. The law is designed to address the crucial aspects of support, protection, and rights enforcement for those at the heart of the criminal justice system – the victims and the witnesses. It is an established fact that witnesses are “eyes and ears of justice” who aid the court in deciding upon a case, thereby bringing an offender to justice. Witnesses play an indispensable role within an adversarial criminal justice system by performing a sacred duty of assisting the court to discover the truth and are capable of changing the course of the entire case. Thus, the truthfulness and veracity of witness testimony becomes the touchstone of justice. It is, therefore, an essential aspect of the criminal justice process that witnesses are able to testify without any threat, intimidation or injury.
The goal, objectives
According to Mrs. Akinsete, the VAWPL underscores several critical objectives aimed at bolstering the confidence of victims and witnesses in the criminal justice system. Key among these goals are:The VAWPL commits to not just recognizing but actively enforcing the rights and entitlements of victims and witnesses, establishing a robust mechanism to safeguard these rights effectively. The law recognizes the risks faced by those who dare to stand against perpetrators and provides essential services to protect and assist victims and witnesses, especially those in danger or threat of harm due to their indispensable cooperation with law enforcement agencies. A cornerstone of the VAWPL is ensuring that victims have a clear path to obtaining judicial redress, including restitution, compensation, rehabilitation, and reparation from those convicted of crimes against them. The law sets specific responsibilities for state counsel, judicial officers, and public officers, directing their efforts towards the protection and promotion of victims’ and witnesses’ rights, adopting a victim-centered approach justice system. The VAWPL encourages the adoption and rigorous implementation of best practices in victim and witness protection, a move expected to transform the landscape of Lagos State’s criminal justice system.
Victims Assistance, witness protection
She said the law sets a comprehensive framework under Section 32 (1) to (5), ensuring that victims and witnesses are treated with respect, fairness, and regard for their dignity and privacy including measures like shelter, relocation, and anonymity. This encompasses special attention to their needs based. Special consideration is made for children who are victims or witnesses ensuring their best interests are prioritized, and they are treated in a manner sensitive to their needs and vulnerabilities. Additionally, victims and witness are entitled to prompt, fair redress, including reparation and restitution for harm or loss suffered, along with protection from threats, intimidation, or retaliation. The law also guarantees medical treatment for injuries or disabilities resulting from their victimization or witness experience.
Section 40 specifically provides additional considerations for their welfare. This law also provides that if a victim’s property is taken for investigation or for use as evidence, such property shall be returned to the victim as soon as it appears that it is no longer required for the purposes for which it was taken. The law establishes a dedicated Agency responsible for implementing the provisions of this law, among other things, offering essential support including treatment and rehabilitation, establishing protection programs, facilitating compensation through a dedicated trust fund, enhancing awareness about victims’ and witnesses’ rights and advising on measures for their protection, reviewing policies, recommending legislative changes, conducting research to minimize crime impact, and recommending economic and prevention strategies.
The Trust Fund
The law sets forth the creation of a Trust Fund financed through various sources, including governmental allocations and donations, aimed at supporting the Agency’s mission. The law prescribes a detailed methodology for offering protection and assistance, including threat assessments, confidentiality agreements, and the establishment of a Witness protection program tailored to the individual needs of those at risk. There are robust provisions in place for responding to infractions against victims and witnesses, including financial penalties and imprisonment for acts of intimidation, harassment, or harm Sections 46 and 47 of the law address victim compensation, stipulating that victims may receive compensation when no alternative means are available. This includes compensation for injuries, losses, or deaths, with the process and availability of funds detailed within the law to ensure victims or their families receive the necessary support in the absence of other compensation methods. These provisions collectively aim to create a more supportive, fair, and just framework for victims and witnesses within the Lagos State criminal justice system, reflecting a significant advancement in legal protections and rights for these individuals.
Mandate for hospitals, health facilities
Mrs Akinsete disclosed that a crucial provision in Section 50 which mandates hospitals and medical facilities to offer immediate care to victims in emergencies, ensuring prompt treatment regardless of the victim’s financial status.
Punishment for complacent facilities
Facilities failing to comply face fines up to One Million Naira (N1,000,000.00). Furthermore, should a victim’s condition worsen or lead to death due to neglect or refusal of treatment, the responsible health officer faces prosecution, highlighting the law’s commitment to protecting victims of violent crimes requiring urgent medical care.
Victims, Witnesses protection
She said the law provides different protective measures to witnesses including but not limited to the measures that the Agency or the Unit, may provide to a victim or a witness. They may include: holding court proceedings in camera; the use of pseudonyms or fictitious names; the redaction of identifying information; the use of video or remote hearing link; or employing measures to obscure or distort the identity of the victim or witness. Depending on the level of threat of harm or intimidation involved, the Agency may also provide security to the person and property; temporary accommodation including shelters; permanent re-location with the consent of the victim or witness; temporary or permanent employment; change of identity; or any other measure which the Agency or the Unit deems necessary.
Victims’ Compensation
According tom her, the law is applicable not just to victims of domestic and sexual violence but to victims of all crimes. As highlighted above, the law provides a number of protective measure and rights available to victims of crime. Based on Section 26 of the Law, victims of sexual violence in Lagos State can benefit from this law in several ways:
Subsection (4)(d) of this section specifically mentions victims who were raped, suffered sexual aggression, or were victims of human trafficking as eligible for compensation, regardless of whether or not they acquired a physical disability as a result of the offence.
Additionally, she said victims or their families can be entitled to compensation under this law, provided there are no other means of compensation available for the injury, loss suffered, or death of such a victim. This means if a victim has not received compensation from any other source, they may be eligible for compensation under this law. The Agency established under this law may assist victims in gaining access to any compensation they are entitled to, whether through court orders, insurance policies, or any other compensation scheme. Victims need to be aware of the specific conditions under which they can be disqualified from receiving compensation under this law, such as contributing to the offence, failing to cooperate with the police, not taking up offered medical or rehabilitative therapy, or not submitting a claim within twelve (12) months from the date of injury, loss, or death. Victims or their families are expected to forward a claim to the Agency within the stipulated time frame to not forfeit their right to claim compensation. In instances where the victim has died as a direct result of the offence, the law outlines how family members can claim compensation. This may involve nominating a family member to claim on behalf of all or the Agency nominating one based on their degree of relationship to the victim.
Interfere with witnesses, get punished
Mrs Akinsete said interference with witnesses and administration of justice is a crime. Section 58 of the law outlines comprehensive legal protections for victims and witnesses of crimes, detailing the offences and corresponding penalties for acts against victims and witnesses. The law makes it is an offence for anyone to threaten, intentionally harm a victim or a witness, or use gifts or cash to induce them, with the intent of making them refrain from reporting a crime, testifying, withdrawing a complaint or legal action, or as retaliation for having testified. Penalties include a fine up to One Million Naira (N1,000,000.00), imprisonment for up to two years, or both. Committing grievous harm to or wrongfully restraining a victim or witness to prevent their cooperation with law enforcement authorities incurs even harsher penalties, including fines up to Two Million Naira (N2,000,000.00) and imprisonment for up to four years. Forcing or inducing a victim or witness to leave a place or causing wrongful loss or damage to their property with the intent of obstructing justice results in penalties including fines up to Three Million Naira (N3,000,000.00) and imprisonment for up to six years. Harassing a victim or witness or adversely changing someone’s employment conditions due to their cooperation with law enforcement authorities or justice actors is punishable by fines up to Two Million Naira (N2,000,000.00) and imprisonment for up to four years. The law also provides that anyone who endangers a victim, witness, or informant by disclosing their identity without authorization can face fines and imprisonment. While offering gratification to dissuade someone from pursuing legal action or from providing testimony is also penalized under this law.The law also prohibits false information to obtain protection or assistance as an offence, punishable by fines and imprisonment. While those involved in providing protection or handling sensitive information about a victim or witness and who disclose this information, endangering them, are also liable for penalties. Law enforcement, judicial, or public officers aiding in the commission of such acts face the same penalties.
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Victims Assistance, Witness Protection Agency
According to her, the Victims and Witness Protection Agency aims to encourage more victims and witnesses to come forward with their testimonies, thus strengthening the justice system’s ability to prosecute offenders and reduce crime. The Agency would play several key roles in supporting and protecting victims and witnesses of crime including the following:
• Implementation of the Victim Assistance and Witness Protection Programme: This includes setting up, maintaining, and overseeing the Programme designed to offer support and protection to victims and witnesses.
• Implement Protective measures: Providing protection to victims and witnesses who are endangered by their cooperation with justice actors and who are entering into the criminal justice system. Protective measures vary and includes redaction of identifying information of victims and witnesses, testifying through use of pseudonyms, testifying through audio-visual links, in extreme cases, placement in safe housing, relocation, change of identity etc.
• Offering financial, medical, psychological, and legal assistance to victims and witnesses: This might involve compensation through established Trust Funds, counseling services, and legal aid. *Ensuring the confidentiality and privacy of victims and witnesses are protected to encourage their participation in the legal process without fear of retribution.
*Raising awareness about the rights and services available to victims and witnesses, and educating the public about the importance of supporting and protecting those who help bring offenders to justice.
*Working with law enforcement and other stakeholders in the administration of criminal justice system to train and streamline support for victims and witnesses, ensuring they receive timely and comprehensive assistance.
*Assessing the effectiveness of support and protection services provided to victims and witnesses, and making necessary adjustments to improve the Programme.
* Advising on and helping to develop policies that enhance the protection and assistance of victims and witnesses, ensuring the legal framework remains responsive to their needs.
*Managing the Victim Assistance and Witness Protection Trust Fund, including sourcing and allocating financial resources to support the Programme’s activities.
Witness Protection Programme
She said the Victim Assistance and Witness Protection Programme (VAWP) as described under section 25 of the law, entails a comprehensive system established to provide assistance and protection for victims and witnesses of crime. The VAWP Agency is tasked with establishing and maintaining a Victim Assistance and Witness Protection Programme.
The Agency will focus on measures to assist and protect victims and witnesses from threats, harm, reprisals, retaliation, and intimidation. The Agency must also create public awareness about the Programme, informing victims and witnesses about their rights, the available protection measures, and how they can access these services. Individuals can be admitted into the Programme through various channels, including requests by victims or witnesses, recommendations, reports by law enforcement or public officers, or notifications from courts. The Agency assesses each case based on factors such as the seriousness of the offense, the relevance and importance of the evidence, the nature of the danger faced, and the public interest. Admission is contingent upon it being in the best interest of the individual, their agreement to join the Programme, and the signing of a memorandum of understanding. The law provides the criteria and consent for admission into the Programme. To be admitted, the Agency conducts a threat assessment, and must seek the consent of the individual. Victims or witnesses not initially offered protection can request inclusion, as can law enforcement agencies, prosecutors, family members, legal representatives, or NGOs. Special provisions are made for children, including accepting applications without a parent or guardian’s consent when in the child’s best interest and requiring adult victims or witnesses who were admitted as children to sign the memorandum themselves upon reaching 18.
Programme not a reward system
The Programme is explicitly not a reward for testimony but a measure for safety and assistance. When entering the Programme, the law provides the individual to enter into a Memorandum of Understanding (MoU) with the Agency. This MoU details the terms and conditions of the protection, including obligations of both the Agency and the protected person.The Agency commits to providing necessary protection without placing individuals in correctional facilities or police cells, unless agreed upon. Protected individuals are obliged to participate in legal proceedings as required, fulfill financial and legal obligations, avoid criminal activity, and follow the Agency’s lawful requests and directions. The MoU may be varied with consent and is effective from the date of signing.
Administration of compensation to victims, witnesses
The Victim Assistance and Witness Protection Trust Fund is established and managed by the Agency. The Trust Fund is set up to support victims and witnesses, which ensures there’s a dedicated source of funding for the assistance and protection programme. According to the law, the Trust Fund can receive funds from various sources, including government allocations, donations, gifts, bequests, and grants from both local and international sources, profits from forfeited properties related to crimes, earnings from investments, and other payable sums to the Fund. Money from the Trust Fund is allocated, subject to availability, for several purposes as decided by the Board of Trustees.
These include: Compensation for physical or mental harm, or property loss or damage to victims or witnesses as deemed appropriate by the Board and within the Agency’s guidelines. Compensation to dependents of victims or witnesses who have either died or were incapacitated as a result of crime-related incidents. Any other expenses related to or connected with the above-mentioned compensations.
The law provides for the appointment of a Director-General of the Agency who acts as the principal accounting officer for the Trust Fund. This role includes ensuring that proper accounts are kept detailing the Fund’s income, expenditure, assets, and liabilities to maintain transparency and accountability.
Conclusion
In conclusion of her analysis, Mrs Akinsete reiterated that the introduction of this law will further boost public trust in the justice system. Implementing the provisions of the law will promote the reporting of crimes and securing witness testimonies, which are fundamental to improving the prosecutorial process. This, in turn, contributes to a decrease in the number of individuals awaiting trial and acts as a deterrent against criminal behavior. This law on comprehensive legal reforms signify the Governor’s dedication to fostering a safer, more equitable society, where the concerns of victims and witnesses are acknowledged, valued, and safeguarded.