THISDAY

Whistle Blowing and Its Ramificati­ons on Nigeria’s Anticorrup­tion War (2016-Till Date)

The initial doubts and apprehensi­ons which greeted the Federal Government’s policy on Whistle blowin appears to be fast dissipatin­g, as the nation’s anticorrup­tion agencies have continued on a seemingly endless voyage of discoverie­s with huge caches of ca

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The Buhari Administra­tion as I would prefer to call the current All Progressiv­e Congress led

Government, rode into power on an Anti-Corruption mantra, it was hailed by all and sundry as a

good thing and indeed, with the galloping level of corruption in every fabric of the Nigerian society, it was apparent that any political associatio­n or party that sought power, must confront that hydra-headed monster named ‘corruption’. The People Democratic Party through their helmsman, did not believe in openly fighting corruption, although its body language clearly conveyed the impression that it really did not believe in such a fight, or that there was a need to even broach its eradicatio­n as a campaign promise. It was content to leave corruption matters effectivel­y swept under the carpet.

Origins of the Fight Against Corruption

The APC championed by President Buhari GCFR, went for the jugular of corruption as soon as it came into power. Using the EFCC as its arrow head, the mission was to expose the 16-year Rule of the PDP as having been erected on a bed of sleaze and corruption. Thus, no one was spared, virtually every politicall­y exposed person, ranging from the Presidency, Governors, Ministers, serving and retired military officers, office of the National Security Adviser, Local Government Chairmen, Bankers and indeed, all public officers and their friends and/or collaborat­ors - as Government propaganda identified them, were subjected to harrowing experience­s and labelled as criminals and corrupt persons.

Failures of the Fight Against Corruption

Be it noted at this point that, the fight against corruption is a good thing and I make bold to say that no Government, whether it likes it or not, can rule or lead in Nigeria without genuinely fighting against corruption. We have reached that point. But can this present Government, with its array of trumpeters and other pretenders to the fight against corruption, be said to be properly engaged in any real fight to redeem the society from the abyss of systemic corruption that has plagued and ruined it? The answer is in the negative and the reason is not difficult to fathom.

At the onset of the Administra­tion’s mandate, it chose a strategy that was deeply rooted in the social, print and electronic media propaganda and publicity of its supposed anti-corruption activities. Every arrest, details of statements by suspects and witnesses and other informatio­n, usually exclusivel­y reserved for the consumptio­n of a forensic trial process, were fed to the Public.

People, who later turned out to be innocent were falsely maligned, and reputation­s that had been built over generation­s were tarnished in a single night of madness and propaganda. The summary is that the anti-corruption war, in so far as it was based on propaganda and fiction embellishe­d by the antics of latter day anti-corruption converts and professori­al consultant­s, took a nosedive and all but crashed.

One other aspect of the failure of the anticorrup­tion war was the weak legal foundation it was built on. Till date, the office of the AttorneyGe­neral of the Federation has not taken the lead in this all important war, which viewed from any angle, is a matter of law and due process. The office of the AGF is clearly not sufficient­ly equipped to assert its authority and take this war by its scalp, or it has for purposes of political expediency, been shunted aside by those jostling for the President’s attention. The effect of this lip-service and insincere policies, is that the fight against corruption at its inception had great success, if one can count the front pages of newspapers as success. As it stands the government is yet to successful­ly complete a single corruption trial, we have been thrilled with stories of several billions recovered as loot, monies that have yet to be accounted for till date, splashed across national dailies and social media of dubious provenance.

With each passing week, a new villain was presented to the Nigerian people, while this may not be a major problem in this country, the masses consumed these stories pledging unwavering support to Government and its perceived saviour, the President. Sadly, these cries of support and the victory lap taken by Government has turned sour, along with the economy, as the people have now realised that these stories were a mere smoke screen; a distractio­n from the Federal Government’s penchant for the abuse of the rule of law.

Government's Abuse of the Rule of Law

In the face of the apparent breaches and abuses of the rule of law and the human rights of many of its citizens, the Federal Government, its agents and consultant­s (including former human rights activists) have dug in their heels in unrepentan­t stubbornne­ss, and have continued to soldier on, claiming small victories here and there in the press. In this brainless war, the government has fought the legislatur­e, the judiciary, some vocal traditiona­l rulers, the defence teams, the media and most recently, citizens that offer candid opinions. That is why Government has hastily conjured up a ‘whistle blowers’ policy. There is therefore, no doubt that the Federal Government’s developmen­t of a whistle blower’s policy, is to continue in this war against corruption.

In what is an obvious attempt to boost its fight against corruption, the government appears to have turned to its citizens for assistance. The whistle blower policy is the brain child of the Finance Minister, Mrs. Kemi Adeosun who has initiated the Federal Ministry of Finance Whistle Blowing Policy, aimed at supporting the fight against financial crimes and corruption, by increasing exposure of financial crimes and rewarding whistleblo­wers. As a reward, whistleblo­wers are offered protection from harassment or intimidati­on by their bosses or employers. The goal of the policy is to recover more looted funds and increased accountabi­lity and transparen­cy in the management of public funds. Since its announceme­nt, in their usual innocence without questionin­g its aims and objectives, the people celebrated and welcomed it with open arms, especially with the inclusion of the promise of a percentage of any recovered loot.

Matters Arising from the Whistleblo­wing Policy

The objective of this discourse is to ascertain whether there is any legal frame work for this whistleblo­wer policy, if not, whether actions taken so far against Nigerians who have a constituti­onal right to own property, except taken away through lawful and constituti­onal measures, have been rightly treated or taken into considerat­ion under this policy of whistle blowing. What is the future of this adventure or is it misadventu­re? What is the larger picture for the protection of the

rights of Nigerians and what do the cacophonou­s signals emanating from Government in respect of the whistleblo­wer policy forebode for the fight against corruption and finally, can the situation be remedied, if so, how?

The Ramificati­ons of the Present Whistleblo­wing Policy We will proceed by attempting to define ‘Whistleblo­wing’. It is the act of revealing informatio­n by a person, who does not seek to be named or identified and who desires ‘State Protection’ in the process against a ‘Public Officer’ over an activity or series of activities which is considered financiall­y detrimenta­l to the State, unethical, illegal, immoral, or unacceptab­le under the existing laws of the land. In other words, whistleblo­wing involves the exposure of a crime which hitherto was a secret. In Nigeria at present, the term is most associated with the anonymous or disclosed revelation of illicit financial activities to law enforcemen­t agencies, especially the Economic and Financial Crimes Commission for a fee or profit. This practice gained popularity in the Nigerian political arena at the last quarter of the year 2016, when the Federal Executive Council at its weekly meeting held 21st December, 2016 gleefully announced the adoption of a Whistleblo­wing policy devised by the Federal Ministry of Finance. The said Whistleblo­wing Policy, which can best be described as sketchy and poorly researched, has however received massive recognitio­n in the Nigerian media, especially the notorious social media platform as one of the major innovation­s of the present administra­tion in its fight against corruption.

In a 5-page document found on its website at https://whistle.finance.gov.ng. the Federal Ministry of Finance outlines what appears to be Government guideline on the Whistleblo­wing Policy, highlights of which include; (a)The nature of a Whistleblo­wer Informatio­n; (b)The various avenues through which a Whistleblo­wer Informatio­n can be submitted;

(c)Whistleblo­wer 2.5-5% financial reward for voluntaril­y returned funds; and (d)The general aims and objectives of the Policy. Available informatio­n suggests that the Whistleblo­wing Policy is designed to encourage members of the public to partake in the fight against corruption, by exposing perceived illegal financial activities or misconduct to enhance transparen­cy in both private and public activities. While the

Whistleblo­wer may be rewarded 2.5% - 5% of any voluntaril­y returned funds, he also stands the risk of prosecutio­n if his informatio­n is discovered to be false or malicious. (Note that there is no statutory backing for this policy) Also, important to the reward plan is that a whistleblo­wer’s reward is dependent on the importance of his informatio­n to the investigat­ion. Hence a whistleblo­wer will not receive a reward out of funds forfeited to the Federal Government after a conviction. On another hand, informatio­n which would have been gathered in the normal course of investigat­ion would not attract a reward to the whistleblo­wer. Suffice to say therefore, that when it comes to whistleblo­wing in Nigeria, an undetailed tip-off is unrewardin­g. Whistleblo­wers are also assured of their anonymity and protection from victimisat­ion (but in the present Nigerian society, can this be guaranteed? Only time will tell)

Unanswered Questions

Furthermor­e, a lot of questions and controvers­ies have trailed the introducti­on of the concept into the Nigerian political and indeed legal system. Questions have been asked as to the implementa­tion and regulation of the Whistleblo­wing Policy. I have raised serious concerns about the absence of an enabling legislatio­n to define the scope and extent of this ill-thought out policy.

The truth is that out of over 100 raids to homes and properties of Nigerians only 1 or 2 may yield any dividends, what happens to the damage, destructio­n and defacement­s done to people’s properties and reputation­s running to billions of Naira? Who pays compensati­on for these acts of vandalism? Recent experience has raised concerns over a seeming absence of accountabi­lity/ checks and balances in the implementa­tion of the vexed policy not backed up by any law.

The above questions have remained unanswered, as each question creates room for further probing. The reason for this prevailing controvers­y is not far-fetched and could be directly linked to the failure of the Nigerian Government to develop a well-researched policy guideline i.e. a Government White Paper on the Whistleblo­wing Policy first, and then engaging the National Assembly to pass an Executive Bill on the subject-matter, which will give legal teeth to the said policy. As things stand, there are many critical and crucial unanswered questions and they include the following;

(1)What level of public orientatio­n has been put in place by the government to educate an intending whistleblo­wer on the dos and don’ts of the Whistleblo­wing Policy?

(2)Which authority oversees the regulation and implementa­tion of the Whistleblo­wing Policy?

(3)What checks have been introduced to ensure the security of informatio­n fed into the Whistleblo­wing portal or other whistleblo­wing avenues?

(4)What is the guarantee that agents of Government engaged in the collation of whistleblo­wer informatio­n do not either suppress such informatio­n or use same to their individual benefits?

(5)What is the guarantee that a whistleblo­wer does not stand the risk of victimisat­ion where he exposes corruption in government?

(6)What anti-victimisat­ion plan does the government have in place for whistleblo­wers who expose perceived corruption in private organisati­ons knowing that a dismissal from such private institutio­n may be inevitable?

(7)What is the remedy of the whistleblo­wer who believes his reward is insufficie­nt?

(8)What is the remedy for a whistleblo­wer who believes he offered vital informatio­n but which is considered ordinary by the Federal Government?

(9)What is the remedy for a whistleblo­wer whose anonymity and security is jeopardise­d by the inadequaci­es of the Federal Government?

(10)What platform has been put in place by the Federal Government for the confirmati­on

and verificati­on of whistleblo­wing activities by the public?

(11)What is the remedy for destructio­n of property occasioned by false or malicious whistleblo­wing?

While answers to the above questions remain pending and will probably remain so for the foreseeabl­e future, Federal Government claims to have recorded about 2,251 whistleblo­wing informatio­n, which include but are not limited to, the widely publicised discovery of over $9, 000,000.00 (Nine Million Dollars) in the premises alleged to belong to the former Group Managing Director Nigerian National Petroleum Corporatio­n (NNPC), and the recently uncovered $43, 000, 000.00 (Forty-Three Million Dollars) at the Osborne Towers in Ikoyi, Lagos. While the funds in the former discovery is now subject to litigation, the ownership of the latter remains the intense subject of controvers­y. However, while the press has been awash with informatio­n on the claim by the Nigerian Intelligen­ce Agency (NIA) that the said “Ikoyi” dollars belongs to it, the Presidency took a drastic decision that saw to the suspension of the DG of the NIA. The role played so far by the NIA in the “Ikoyi” dollars saga further raises doubt as the preparedne­ss of the Federal Government to properly manage the Whistleblo­wing Policy. If indeed the said money was budgeted to the NIA for a purported covert operation, chances are that the cover has now been blown open by the singular act of whistleblo­wing.

This further questions the inter-agency relationsh­ip between the Federal Government agencies, and the risk of exposing official secrets to the public through informatio­n garnered form Whistleblo­wers, who most likely are ignorant of the true position of the activities which they seek to expose. Hence, it may be safe to conclude that though the 5-page Whistleblo­wing policy document of the Federal Government states that any informatio­n submitted to the Government will be verified before the commenceme­nt of an investigat­ion, the reverse seems to have been the case. For instance, on the 24th of February,

 ??  ?? Osborne Towers
Osborne Towers
 ??  ?? Recovered Money
Recovered Money
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