Speaker of the House of Representatives, Yakubu Dogara, has
stated that the National Assembly will do its best to ensure whistle-blowers
legislation sees the light of the day.
Dogara said this must be achieved not just to protect the
whistle blower but also to prevent abuse of the policy.
He said the bill becoming a law will break the jinx that has
bedeviled “this piece of legislation since it was first introduced into the
National Assembly in 2008”
Dogra spoke on Tuesday in his address at a workshop on
Whistle Blower’s Protection Bill for leaders of Civil Society Organizations
(CSOs) and Members of the House Committee on Financial Crimes.
His speech reads…
“On behalf of the leadership and members of the House of
Representatives, I sincerely welcome you and extend to you the brotherly
solidarity of the House.
The consequences of corruption are greater than just the
diversion of resources, profound as this is.
Corruption destroys societies and
contributes to deficit trust and confidence in governance. According to
Corruption Watch, a non-profit organization, ‘Corruption affects us all. It
threatens sustainable economic development, ethical values and justice; it
destabilizes our society and endangers the rule of law. It undermines the
institutions and values of our democracy. But because public policies and
public resources are largely beneficial to the poor and the vulnerable, it is
they who suffer the harmful effects of corruption most grievously.”
The burden of corruption in Nigeria is a peculiar one that
inhibits our economic and social development. In order to fight this scourge
and ensure a just and egalitarian society, the relationship between increased
availability of information in the public domain, accountability and protection
of anyone who exposes alleged wrongdoing cannot be overemphasized.
Disclosure of information for increased transparency is a
necessary condition for accountability. The enactment of Whistle Blowers
Protection law as a vehicle for the investigation of alleged corruption and
misuse of power by public servants or their private collaborators and to
provide adequate safeguards against victimization of the person making such
complaint is therefore, an essential element of the war against corruption.
It is important to note that Nigeria does not currently have
a law to protect whistle blowers; rather what we have is the Federal Ministry
of Finance’s whistle blowing programme which is designed to encourage anyone
with information about a violation of financial regulations to report. Although
Federal Ministry of Finance (FMF) Whistle-blowing Programme has led to the
recovery of a lot of public funds hidden in various places, including markets,
private properties and other ridiculous places, it is not yet backed by an
appropriate legal framework.
According to the Ministry, a whistleblower who provides the
Government with information that directly leads to the voluntary return of
stolen/concealed public funds/assets may be entitled to between 2.5%-5.0% of
the amount recovered. This policy, because it is not law, is subject of
administrative review from time to time. A law is therefore required not just
to protect the whistle blower but also to prevent abuse of the policy. A policy
may not be legally enforceable. In Fed Military Govt v Sani (N0.1) (1989) the
Court of Appeal held that: “the policy of any government which has not received
the force of law cannot be the basis for punitive measure.”
Even though, the scope of the policy is very wide and covers
such critical areas as Public Procurement Act and other extant laws,
Mismanagement or misappropriation of public funds and assets, Information on
stolen public funds, Information on concealed public funds, Financial
malpractice or fraud, Theft, Collecting/soliciting bribes, Corruption,
Diversion of revenues and so on, the policy is not enough to provide adequate
safeguards or protection against victimization of the person making such
complaint.
Many countries have enacted WhistleBlowers laws to protect
whistleblowers. The origins of Whistleblowing legislation can be traced to the
United States as early as 1863 with the enactment by Congress of the False
Claims Act. By 1989, the Whistleblower Protection Act was passed and amended in
2007. It is now called the Whistleblower Protection Enhancement Act of 2007.
Also, the United Kingdom passed the Public Interest Disclosure Act (PIDA) in
1999. These Acts offers protections for whistleblowers.
In fact, Article 33 of the United Nations Convention against
Corruption (UNCAC), enjoins UNCAC signatory countries to incorporate in their
domestic legislation provisions protecting whistleblower witnesses and their
families from any unwarranted treatment. It is instructive that Nigeria
ratified this convention on 14 December 2004. Although there is no record of
legislative domestication of the Convention, the current effort in putting a
legislation in place should be regarded as complying with the UN Convention.
Although the Whistle-Blower’s Protection Bill is still
before the National Assembly for consideration, the Freedom of Information Act
(2011) has some provisions under which whistle-blowers can be offered some form
of legal protection.
In the House of Representatives, there is recognition of the
frontline role of lawmakers in preventing and exposing corruption as well as
providing adequate protection for whistle blowers. We recognize that the
Parliament, more than the Executive, has the duty and responsibility to expose
corruption, inefficiency and waste within its legislative competence. We have
demonstrated leadership by declaring in our legislative agenda that our people
must be at the centre of our activities and we have subjected ourselves as well
as our legislative processes to the rule of law.
The House has also recognized that the enactment of the
Whistle Blower’s law is one of the first important steps towards establishing
and fostering the culture of zero-tolerance to various forms of malpractices
including corruption in both public and private sectors. We are also aware that
the protection availed to the persons reporting misconduct in Nigeria and the
established mechanisms for reporting wrongdoing must to be set within the
broader context of internationally recognized principles and best practices.
To this end, we shall continue to promote citizenship
participation in our legislative activities and pass the Whistle Blower’s Bill
as a panacea for curbing corruption in Nigeria and promote accountability in
governance. In the words of Barack Obama, former President of USA: “Often the
best source of information about waste, fraud, and abuse in government is an
existing government employee committed to public integrity and willing to speak
out. Such acts of courage and patriotism, which can sometimes save lives and
often save taxpayer dollars, should be encouraged rather than stifled. We need
to empower federal employees as watchdogs of wrongdoing and partners in
performance.”
”I want to assure you of the continued support of the House
of Representatives in your quest to promote evaluation and exchange of ideas,
coordination and peer-learning in the fight against corruption. A robust
framework on Whistle Blower’s law will no doubt enhance quick and seamless
recovery, forfeiture, and confiscation of property in respect of
anti-corruption offences.”
By Wale Odunsi
