Abuja – Some Legal Practitioners in the Federal Capital Territory (FCT) and Mararaba in Nasarawa State have advocated enactment of a law to legalise whistleblowers in the country’s legal system. Whistleblowing is “the disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing.’’ “A whistleblower is a person who exposes any kind of wrongdoing. The lawyers made the call in a survey conducted by the News Agency of Nigeria (NAN) on the “Implication of having a Whistleblower in our Legal System’’, in Abuja. They told NAN that the law would protect and encourage whistleblowers to expose wrongdoings in the society. The lawyers added that the presence of a whistleblower would keep people on their toes and rid the country of corrupt individuals. One of the respondents, Mr Olakanmi Olajide, said whistle-blowing had become strategic and important in most climes. Olajide said: “whistleblower will be strategic and important in Nigeria if only we can manage them well.’’ According to him, it is a welcome development in the legal system, especially in the 21st century. He opined that his only fear was using it to settle “personal vendetta’’, instead of exposing corruption and wrong doings in the society. Similarly, Mr Umar Abdullahi, told NAN that having whistleblowers in the country’s legal system would check and regulate excesses in the system. Abdullahi said a whistleblower would help the system because people would be cautious.
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Also, Mr Luka Haruna, said enshrining whistle-blowing in the legal system would open up the space in the administration of justice in Nigeria. Haruna said when know that whatever they do would be in the open, they would be careful to comply with the rule of law. In his submission, Mr Anthony Agboonlahor, told NAN that a whistleblower could assist in fighting crimes. “As citizens of Nigeria, we are enjoined to assist the law officers and law enforcement agents in the apprehension of offenders from escaping from lawful custody. “Whistleblower is a patriotic act to help rid the society of crimes and criminals. “In other climes and jurisdiction, whistleblowers are remunerated if their information leads to the arrest of a criminal or nipping in the board commission of an offence,’’ he said. He advocated a law to protect and conceal the identity of whistleblowers as well as a witness protection programme. Mr Shaka Awaliene, another respondent, said that whistleblowers could be used in security issues, adding “all that is need is protection’’. Mr Paul Ashuikeka, said that the whistleblowing would help in the fight against corruption and in criminal investigations. Ashuikeka said that many cases were stalled at the courts because of lack of information and evidences to prosecute erring Nigerians. Contributing, Mr Kanu Ogbonnaya, told NAN that a whistleblower help to set the machinery of the law in motion because the law enforcement agent might not be everywhere. “I saw more of strength in it than the danger. Whistleblowing will assist in investigation and subsequent trial of an offender. “When you go after a whistleblower as an offender, you are committing more crime,’’ Ogbonnaya said. Mrs Asia Philomena and Mr Olorunshola Oye, corroborated Ogbonnaya’s view, and added that whistleblowers would put evil doers on red alert. Oye specifically advocated stringent penalty on any whistleblower that lied. Also, Mr Ifeanyi Moses, said the absence of a strong legal structure to protect whistleblowers had made it difficult to promote good corporate governance. Moses stressed there need to provide best practice to encourage workers to bring unethical or illegal practices to the forefront. According to Moses, this will help address the practices before they become critical to the society. “I must say that organisations ought to build up formal whistleblowing policies as a way to create the conditions necessary for the effective management of whistleblowing. “Someone who sees a wrongdoing being carried out in an organisation may want to first decide to keep quiet for fear of losing his or her job or his family may perhaps be targetted. “However, his silence may cause severe ruin to the society,” Moses said. He explained that other times, even with legal protection, the whistleblower face reprisal in different ways. “Whistleblowing to an external body, such as the media or government agencies, has been a risky activity, both for the individual and the organisation. “There is this unsure approach toward whistleblowers; even with legal protection, they may face retaliation. “Such retaliation, even when not specifically prohibited by law, has the potential for creating damaging lawsuits,” Moses said. Grace David said that “although the act of whistleblowing is not a common practice in our country, it can be used as a tool in curbing corruption in the country. “An employer would not have a cause to fear for his/her life or loosing job when the bill is passed into law,’’ she said. Mr Kehinde Sunday said Nigeria had no existing law on whistleblowing, but some establishments had laws that protects informants Sunday, therefore, called on the 8th National Assembly to ensure the passage of the Whistleblower Protection Bill into law and get Mr President’s quick assent. The law, he said, would further reinforce President Muhammadu Buhari’s unrelenting campaign against corruption. Mr Philip Abalaka and Mr Taiwo Olugbenga, who corroborated the views others said the protection of a whistleblower could not over emphasized. Olugbenga said there were many citizens with hard facts of fund mismanagement, but lacked the will to divulge it because they were not sure of their security. He said there were instances where whistleblowers had been harassed and jailed on various pretexts by government machinery for the information they had divulged. “Lawyers, journalists, high standing officers have all been harassed at one time or the other as whistleblowers in Nigeria. “We need something certain, an effective law protecting them, that way they will come forward with the much needed information, especially at this time where we are tackling corruption head on. “There have been instances where a lawyer who wrote a petition against a former governor was charged with defamation at the Federal Capital Territory High Court. “Other citizens have been dragged to courts on pretext of other crimes for writing petitions against the head of a Federal Government parastatal. “Even a journalist is standing trial in a Lagos Judicial Division of the Federal High Court for allegedly defaming the managing director of a bank; so how can we grow? “There was even a criminal charge against the Leadership newspaper and two of its correspondents by the Jonathan administration which has now been withdrawn. “These charges against whistleblowers will discourage governance growth and freedom of information,” Olugbenga said. He said that Section 28 of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act protects whistleblowers in the country. Mr Emmanuel Abang, said that the protection in Section 27(2) of Freedom of Information Act, Section 39(1) of the EFCC Act, 2004, and Section 64 ICPC Act, 2000, for information providers were not enough. “For instance, in the case of Mike Okiro, the man who divulged the information had his suspension backdated, his life is being threatened and still nobody is protecting him. “First of all, there should be some amount for them because people are afraid for their jobs,’’ Abang said. Abang said that the bill had been passed by the 7th National Assembly and had not been assented to by Mr President. He urged the president to give his assent to the bill to protect such informants, noting: “there is no reason why a witness should wear mask to a witness box. Also, Mr Austin Uno, said that the whole concept of whistleblowing threw up a conflict between National security and the protection of fundamental human rights of citizens. “Human rights are compromised in both ways in the act of whistleblowing. Mr Abdulqadir Umar who spoke in the same vein, said from the provisions in the Penal Code, “we can say in affirmative that whistleblower is allowed by our legal system’’. Umar said that Section 138 of the Penal Code provides “whoever, being legally bound to give any notice or to furnish information on any subject to any public servant as such intentionally omits to give such notice or to furnish such information in the manner and at the time required by law shall be punished. He said that whistleblowers would discourage a person entrusted with public office to involve himself in corruption activities that might contaminate or undermine his dignity if caught on the act. “It will help to improve and strengthen the nation economic through gaining of confidence and encouragement in government by foreign and domestic investors,’’ Umar said. In his view, Mr Omotayo Olanrenwagu, told NAN that “whistleblowing is very important and can cause quantum change in this country’’. Similarly, Musa Kolo, opined that reporting fraud or misdeeds in any sector of the economy was dangerous for any individual or institution. “Not revealing his identity though will protect him better for the good of his service, family and country at large,” Kolo said. But, Mr Albert Maga, a judge at a lower court, disagreed, saying that “a whistleblower in the legal system will raise a lot of controversy in the government. “Whistleblowers may not be right in their accusation and their motives may not always be pure, this can therefore disrupt and cause harm to individual wrongly accused. “It will affect the smooth administration of criminal justice and it will bring about inaccurate information because it is just information said by an individual who will not like to be identified.’’ Maga said since the person would not like to be identified, the information would be “like a mere hearsay and it won’t be credible’’. (NAN)
