Protection of whistleblowers via requisite legal framework

A policy to curtail corruption christened "whistleblowing" was launched on Dec. 21, 2016 by the Federal Government.

According to the policy, a whistleblower who provides information about any financial mismanagement or tip about any stolen funds will be entitled to between 2.5 per cent and five per cent of the recovered funds

Also under the policy, Nigerians were encouraged to voluntarily disclose information about fraud, bribery, looted government funds, among others.

Reporting of financial misconducts, and other forms of gratifications or theft to the anti-graft agencies, also attract rewards.

However, rather than the policy achieving the desired results, many Nigerians are now hesitant to expose corruption practices.

Some analysts explained the reasons why many people are not coming forward to report corrupt practices.

Mr Taiye Abegunde, an analyst, explained that rather than the whistleblowers becoming hero for exposing corruption, they turn out to become victims for daring to expose corrupt officials.

He added that the whistleblowers were usually persecuted, intimidated and victimised at their work places, stressing that many of them even lost their jobs.

He listed some of the victims of whistleblowing policy as: Mr Joseph Akeju, Chief Lecturer, Yaba College of Technology, Jaafar Jaafar, an investigative journalist, Mr Joseph Ameh, Head of Physical Planning Division, Federal College of Education, Asaba.

Others include: Dr Murtala Ibrahim, Internal Auditor,Federal Mortgage Bank of Nigeria, Aaron Kaase, Chief Information Officer, Police Service Commission, and Mr Ntia Thompson, Deputy Director ,Department of Technical Cooperation in Africa, Federal Ministry of Foreign Affairs, among others.

Mr Sambo Abdullahi, Head of Internal Audit, Nigerian Bulk Electricity Trading (NBET) who reported acts of corruption, narrated his ordeal.

Abdullahi's salaries and other allowances were withheld in December 2017.

Recounting his ordeal, Abdullahi said: "I went to work for almost three years without pay, during that period, I had no money and could not make ends meet, I had to depend on family and friends to survive.

"Everybody suffered it, my children felt it, my wife, including my mother,'' he said.

Dr Kole Shettima, African Director, MacArthur Foundation, said the number of whistleblowers in the country had reduced, compared to when the policy started.

He observed that at the beginning of the policy, many people came out to reveal individuals and institutions that were not doing things right.

"I see that the tempo has reduced because of certain reasons, including the fact that there is no adequate protection for them.

"I think also that it is because there has been delay or no payment of incentives for whistleblowers and I also think that informed the reason, the policy has not been effective as it used to be before.

"So we need to refigure the policy, by setting stronger legal backing and also try to ensure that there is more transparency in the administration of whistleblowing,'' he said.

Shettima added that lawyers play critical role in the whistleblowing policy, because at the end of the day, whistleblowers might be taken to court, where lawyers' support, experience and knowledge would be needed.

He appealed to lawyers to provide pro bono services to whistleblowers, where necessary.

Mr Chido Onumah, Coordinator, African Centre for Media and Information Literacy, said that the whistleblowing policy of the government was one of the creative additions to fight corruption.

He stated that the idea of the policy was to carry citizens along in the fight against corruption as they were "encouraged to blow the whistle on corruption and all forms of malpractices.''

He noted that although the country is still at the level of policy stage, which according to him is one of the challenges we are facing as a country.

"There is no law to back up the whole whistleblowing policy; therefore, citizens are not eager to blow it because there is no legal guarantee that if they blow the whistle they are protected.''

He stated that protection was essential in the whole process of whistleblowing policy, adding that the policy on its own has a lot of advantages, adding that whether it has achieved its goal is what is yet to be ascertained.

According to him, around the world, different countries even in Africa, such as South Africa ,Uganda ,Ghana have gone ahead to put in place broad laws around whistleblowing, to protect whistleblowers, among others.

He noted that if implemented, the policy is something that could add value to the anti-corruption fight, because it involved citizens and the whistleblower could do it anonymously or report without people knowing.

Prof. Sadiq Radda, the Executive Secretary, Presidential Advisory Committee Against Corruption (PACAC), said that the committee noticed some challenges since the inception of the whistleblowing policy.

These according to him include; fear of lack of protection by prospective whistleblowers, ulterior motive of whistleblower because of selfish financial interest.

He also said that some civil servants were hindrance to the whistleblowing policy.

Radda alleged that some civil servants abuse the policy by contracting people to blow the whistle for selfish reasons

Rep. Tunji Olawuyi (APC-Kwara), said if the whistleblowing policy must succeed, there was need to put in place the requisite law that would protect whistleblowers.

He noted that lack of enabling law has made some intending whistleblowers develop cold feet in reporting glaring theft in public or private institutions.

He urged Nigerians, civil society organisations and other groups eager to end the menace of corruption in the country to come up with private bill.

The lawmaker said that would provide necessary legal framework for whistleblowers to operate without fear or intimidation.

He said that the policy is not working as it should at the moment because the whistleblowers are not protected.

Olawuyi said that the whistleblowers are not protected, because once they blow the whistle, they are usually on their own and subsequently subjected to a lot of threats both internally and externally.

Protection of the whistleblowers, without doubt, will boost government's anti-corruption war.