Facilitating witnesses attendance in court

However, the Economic and Financial Crimes Commission (EFCC) trapped him to become a prosecution witness in lieu of pardon.“Because they found out I didn’t commit any offence, they asked me to stand as prosecution witness so that I will be let off the hook,” he said.Often investigators and prosecutors resort to these method-converting previously co-accused […]

However, the Economic and Financial Crimes Commission (EFCC) trapped him to become a prosecution witness in lieu of pardon.
“Because they found out I didn’t commit any offence, they asked me to stand as prosecution witness so that I will be let off the hook,” he said.
Often investigators and prosecutors resort to these method-converting previously co-accused persons as witnesses- to keep hold of them and their vital testimonies in criminal cases because they know that the absence of this evidence could result in their cases being thrown away.
The above situation is even more so because judges, who rely on the legal principle that the burden of proof lies with the prosecution in criminal trials, would usually submit, where there are no reliable witness testimonies, that the prosecution have failed to prove the allegations against an accused person “beyond reasonable doubt.”
The need to motivate witnesses with stipends and enlightenment to facilitate the speedy dispensation of justice in the country was the theme of a recent sensitization workshop organized by the Prisoners Rehabilitation and Welfare Action (PRAWA) for stakeholders on Thursday in Abuja.
The workshop brought to the fore factors responsible for the witness’ evasion of the civic duty of volunteering information to appropriate authorities. Therefore, key officials from various investigating agencies like the Police, EFCC, ICPC, NDLEA and the judiciary made presentations that highlighted the impediments for regular attendance of witnesses during the trial stage of the criminal justice process and ways to facilitate same.
A witness is someone who has knowledge of relevant to an event or other matter of interest. A witness can either be voluntary or compelled by the court to give testimony. A witness can be an ‘eye witness’ that is by private citizens; ‘specialist witnesses’ by investigating officers; and ‘expert witnesses by medical doctors and coroners; and character witness.
The deputy director of PRAWA Olayinka Lawal enumerated some of the impediments to include: lack of funds across all agencies to cover the cost of witness expenses; absence of mechanism for tracking of whereabouts of witnesses; lack of effective witness protection facilities; long delays in the completion of the trial process; and witness lack of understanding of their duty to support the criminal justice process.
Lawal said on recent advocacy visit to the House of Representatives, PRAWA suggested the inclusion of a ‘Witness Fund’ in the budget for the judiciary to help cover costs of witness who attend criminal trial.
Also speaking, a representative of the EFCC, Bello Yahaya identified threat to the life of witnesses as a major factor discouraging their attendance in court. He specifically alleged that some of the civil servants currently being prosecuted for alleged misappropriation of billions of naira in public funds had either threatened or induced witnesses to suppress evidence in court.
According to him, prosecutors and investigators are faced with situations where suspects threaten to kill or maim their witnesses involved who ought to give vital evidence in court or induce them to destroy their contacts or relocate from the country.
In her presentation, Justice Adebukola Banjoko of the FCT High Court identified the transfer ofiInvestigating officers, relocation of witnesses, piecemeal production of witnesses, international perception of Nigeria and exposure of identity of witnesses in terrorism and other high profile cases as some of the factors responsible for the refusal of some witnesses to attend trial which has contributed to delay in the prosecution of cases.
She also said the international perception of Nigeria in areas of corruption and insecurity has discouraged foreign witness attendance in courts especially, in trans-border crimes and money laundering offences.
In his remarks Austin Yusuf, a Principal Staff officer Operations, National Drug Law Enforcement Agency (NDLEA), pleaded with the judiciary to assist prosecutors compel the appearance of witnesses by issuing subpoenas.  He identified funding and transfers as the greatest factors responsible for non-appearance of witnesses in drug-related offences.
John Dashe, an Assistant Director Investigations, National Agency for Prohibition of Trafficking in Persons (NAPTIP) said fear of attacks and stigmatization is a major impediment to witness attendance to court for human trafficking offences.
Finally, more sensitization programmes as PRAWA’s would help witnesses understand their roles and responsibilities and the evidential burden on their conscience and society at large. This will help to accelerate criminal trials and quicker dispensation of justice.