Whistleblower Protection as an Anti-Corruption Tool in Nigeria
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Journal of Law, Policy and Globalization wwiis:eorg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.92, 2019 lIsE
Whistleblower Protection as An Anti-Corruption Tool in Nigeria
Oluwakemi Omojola
Research Fellow, Nigerian Institute of Advanced Legal Studies, University of Lagos Nigeria
Abstract
Corruption gives a few what belongs to all thereby laying the foundation for poverty, crime and erosion of trust
in government and its institutions. It is a malaise that has plagued Nigeria for an uncomfortable length of time
and its stifling effect can be seen in different sectors and States of the Federation. It is an annoying recurring
narrative in the national discourse of the nation Different anti-corruption initiatives and agencies such as the
Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices Commission (ICPC)
have not been able to effectively tackle the problem. This paper examines the potential of the Whistleblowing
Policy to curb corruption in Nigeria and the sustainability of the success of the Whistleblowing Policy. The
paper finds that without a robust legislative framework to protect whistleblowers,the Whistleblowing Policy will
suffer serious setbacks.
Keywords: Corruption, Whistleblowing,Whistleblower Protection, Legislation
DOI: 10.7176/JLPG/92-18
Publication date: December 31st 2019
1.0 Introduction
Corruption is a global problem that has been with man since time immemorial. Corruption promotes poverty,
insecurity, underdevelopment and political instability. Nigeria is the 136 least corrupt nation out of 175
countries' and has been described in a few words as 'fantastically corrupt'.2 Corruption cuts across all facets of
the society and exists in the political, economic, social, religious, and cultural spheres.3 According to Ijewereme
what is worrisome is the fact that most of the Nigerian rulers who came in as physicians to tackle the problem of
corruption have come out as patients.' Successive Governments have introduced various measures to curb
corruption in the public sector. In 1976, the Public Officer Investigation of Asset Decree No. 5; Forfeiture of
Assets Decree No. 53 of 1999 were introduced. The use of tribunal like the Failed Bank Tribunal set up by the
regime of General Abacha, the Code of Conduct Bureau and the Code of Conduct Tribunal in 1979 amongst
others. The Independent Corrupt Practices Commission (ICPC) and the Economic and Financial Crimes
Commission (EFCC) were also set up to complement governments effort in tackling corruption. In its effort to
fight corruption, the Nigerian Government introduced the Whistleblowing Policy as an anti-corruption tool.5
The Federal Government's Whistleblowing Policy consists of three parts. The first part deals with the channel
and type of information that borders on authentic information about violation, misconduct, or improper activity
which can negatively impact on Nigerians. The second part is hinged on the reward system. The whistleblower
will get between 2.5 percent to 5 percent of the recovered loot. The third part entails protection from harassment,
intimidation or victimisation and restitution for any loss suffered.6
The anti-corruption potential of the Whistleblowing Policy is not in doubt. What is however in doubt is the
sustainability of the policy. Is the whistleblower adequately protected from retaliation under the present policy in
Nigeria? Whistleblowers are exposed to different levels of risk and may be threatened, fired, sued, arrested, or
even killed . Members of the family of a whistleblower are also at risk. This paper examines the sustainability
of the extant Whistleblowing Policy in Nigeria as an anti- corruption tool and finds that the government put the
cart before the horse without an enabling legislative framework to drive the Policy. This paper further advocates
that the Whistleblower Protection Bill 2015 be reviewed to incorporate International Best Practice before
enactment.
1.1 Whistleblowing
Ralph Nader defines whistleblowing as an act of a man or woman who, believing that the public interest
overrides the interest of the organization he serves, blows the whistle that the organization is in corrupt, illegal,
'Transparency International Corruption Index 2016 Available http://www.transparency.org/news/feature/conuptionperceptions index
(May 14, 2017).
2 A. Eribake, 2016 Vanguard Newspaper 'Nigeria is Fantastically Corrupt - Uk's Prime Minister David Cameron Available
http://www.vanguardngr.com/2016/05/nigeria-is-fantastically-conupt-uks-prime-minister-david-cameron accessed May16 2017.
'N. J. Udombana, Fighting Corruption Seriously? (2003) , Africa's Anti-Conuption Convention 7 Singapore Journal of International and
Comparative Law 449.
Ijereweme, 0. (2015) Anatomy of Corruption in The Nigerian Public Sector, Theorectical Perspectives and Some Empirical Explanations
[Online] Available http://joumals.sagepub.com/doi/pdf/10.1177/2158244015581188 June 18 2017.
5 Ibid.
6N. Akinnaso, Punch Newspaper, 'Nigeria's Whistleblower Policy' Available http://punchng.com/nigerias-whistle-blower-policy June 15
2017.
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Whistleblower Protection as an Anti-Corruption Tool in Nigeria
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