Whistle blower: Experts call for legal framework
With the successes recorded with the introduction of the whistle blowing policy in the war against corruption, lawyers and experts have highlighted the need for a legal framework to back the policy. In her keynote address at the 10th J. K. Gadzama annual lecture in Abuja, Nigeria’s first female senior advocate, Chief ‘Folake Solanke (SAN) […]
With the successes recorded with the introduction of the whistle blowing policy in the war against corruption, lawyers and experts have highlighted the need for a legal framework to back the policy.
In her keynote address at the 10th J. K. Gadzama annual lecture in Abuja, Nigeria’s first female senior advocate, Chief ‘Folake Solanke (SAN) said the major concern is the lack of statutory backing for the policy.
She said the policy is simply being implemented as a ministerial policy. She said: “With the type of egregious misconduct and the staggering sums which have been stolen from our national treasuries, we need a specific statute to deal with the complexities of the policy which is being misused already.”
“It is pertinent to wonder if the reward – 2½ – 5% – is not too much considering the unquantifiable loot that was discovered.”
“Perhaps, there should be a re-examination of the quantum of the reward payable to each whistle-blower to wit: should a ceiling be placed on the quantum having regard to the kind of unimaginable gigantic discovery at Osborne Road in Lagos; or should every reward be negotiated with each whistle-blower?”
Solanke said as important as the policy seems to be to the President Muhammadu Buhari’s administration stance on corruption, it was surprising that The Whistle-Blower Protection Bill 2015 was not passed into law in the past two years.
She added that identification and encouragement of peoples’ power which, she said, was necessary to ensures checks and balances in a democratic society are also a necessity for the whistle blowing policy to be more effective.
“Whistle-blowing is a citizen’s duty to tackle the endemic corruption which is ravaging our beloved country. The constitution has placed certain duties upon all of us as citizens.
“The protection of the whistle-blower is critical because of the serious acts of reprisal and retaliation if the identity is disclosed. The consequences of being found out as a whistle-blower are potentially life-threatening,” she added.
Also speaking, a former Attorney-General of Borno State, Mohammed Monguno, said illicit funds are no longer being laundered only through banking system but through other means which he noted included cattle rearing and digital coins.
He said this is another area the legislative framework for whistle blowing should consider to further expose corruption and punish it.
He said for the policy to grow, there is need not only for a legal framework but also for collaborative efforts between all agencies and between the citizens and the government.
Also contributing, the Head of Corruption Monitoring and Evaluation Department of the Independent Corrupt Practices and Other Related Offenders Commission (ICPC), Akeem Lawal, agreed that Nigerians foremostly want assurance that the information they provide would be worked on and that their identity would be protected.
He said the ICPC has had the policy of whistle blowing in its system for a while and that it had been handling matters related to this discreetly so that potential whistle blowers just don’t dish out falsehood against innocent persons.
Lawal said some people however just blew the whistle to malign, thus the ICPC Act provided 10 years imprisonment for such offenders.
The convener of the lecture, Chief Joe-Kyari Gadzama (SAN), added that the whistle blowing policy is “our chance to confront headlong the corruption that has plagued this country for decades.”
“We must reject the idea that someone else will speak out against the corruption around us, it has to begin with us.
“We can only hope that more conscientious individuals will continue to come forward to expose corrupt practices and those behind it,” he added.
He said Nigerians must be educated about “this groundbreaking policy” and seek to remove the stigma that most have been attached to whistle blowing.
“The policy ensures that those who come forward will not only receive reward for their efforts, but also full protection from those they expose. When individuals who have witnessed corrupt practices are assured that their reports would be taken seriously and they will receive protection, more will be encouraged to speak up and those who perpetrate corruption will no longer be able to hide behind the veil of corruption,” he added.
The Chairman of George Uboh Whistle Blowers Network (GUWN), Dr. George Uboh, recommended that there is the need for a whistle blower centre to be established that would tackle witness protection. He said an office in the form of a centre should also be set up to holistically address the matters of whistle blowing and all aspects of it.