Senate steps down private investigators bill

The Senate on Wednesday stepped down a bill seeking to regulate the operation and activities of private investigators in the country.

The Senate President, Godswill Akpabio, announced rejection of the bill after a majority of the senators voted against it through a voice vote during plenary.

Members of the upper chamber voted against the bill because of the fear of private investigators intruding into people’s privacy and possible witch-hunting by political opponents.

The bill was sponsored by Osita Ngwu, the senator representing Enugu West Senatorial District.

After stepping down the bill, the senate president urged Mr Ngwu, also the minority whip, to make further consultations on the bill.

The bill

The bill is titled “A Bill for an act to prescribe standard and conditions of licence for operation and practice of private investigators in the country and for matters connected therewith, 2023 (SB.136)”.

It provides for a system of regulation, control and conduct of the practice to maintain functional standards.

The bill was read for the first time on 23 May and scheduled for second reading today.

Mr Ngwu, while leading a debate on the bill, said private investigators in the country have unregulated access to confidential information.

He argued that if the unregulated access to confidential information is not checked, people may experience serious socioeconomic and even political consequences.

“Private investigators come in contact with a lot of information and intelligence, and information trade is common practice within this industry.

“Unregulated access, use and brokerage of confidential information may result in serious socioeconomic and even political consequences.

“A legislative framework will provide the much-needed clarity and consistency in regulation of the information-gathering practices of private investigators.

“This will help to enhance capacity to access information relevant to the investigation and also help protect the privacy of citizens,” the senator said.

Penalties for private investigators

The minority whip also said the bill prescribed penalties for professional negligence and also prescribed offences for private investigators who are operating without a license.

“The bill defines the scope of the profession, ensures standards, provides penalties for professional negligence and prescribed offences for operations without a license, and encourages industry-based training to maintain capacity.

“The objective of this bill includes fraud prevention, detection, assessment and resolution, corporate fraud and risk management services, insurance fraud and claims investigation, aviation accident and loss investigation, marine loss investigation, occupational health and safety incident investigation, witness location and bail bond defrauders, etc.

“Mr President and my distinguished colleagues, the Private Investigator’s Bill essentially seeks to professionalise the industry and has no financial implication. It establishes conditions for qualification and also regulates the practice of private investigation.

“The bill will ultimately protect the public from abuse or arbitrariness in service provision by private investigation. I hereby call on my distinguished colleagues to support the second reading of this bill,” Mr Ngwu said.

Rejection of the bill

The senators who spoke against the bill are Adams Oshiomhole (APC, Edo North), Aminu Abass (APC, Adamawa Central), Titus Zam (APC, Benue North-west), and Saliu Mustapha (Kwara Central).

Mr Oshiomole. a former governor of Edo State, argued that it would be risky for the lawmakers to give licences to private investigators because of the fear of extortion.

“It would be risky for the Senate to give licence to any individual to carry out a private investigation; it will turn to extortion,” he argued.

He also said the private investigators could intrude into people’s privacy and possible witch-hunting from political opponents.

“It will allow some people to use the power to intrude into your privacy and could be used by the political opponent. My position is that it should be stepped down,” he said.

On his part, Mr Abass said Nigeria does not need the service of private investigators to become professional because professional bodies already can conduct investigations.

Mr Zam also noted that political opponents may use private investigators to witch-hunt lawmakers and other politicians.

Mr Mustapha advised that rather than empowering private investigators, the government should strengthen the formation of security agencies, and there should be the establishment of a National Forensic Centre.

After the debate, Mr Akpabio put the bill to vote and the majority of the senators voted against it.

The senate president subsequently stepped down the bill.