A Case for Whistleblowers’ Protection Law

Davidson Iriekpen writes that the call by the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ola Olukoyede, for a whistleblower protection law could strengthen transparency in the fight against corruption 

The Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ola Olukoyede, last week reignited debate on Nigeria’s whistleblowing framework, urging the National Assembly to enact legislation that protects whistleblowers and strengthens transparency amid growing cases of reprisal.

Speaking at a nationwide sensitisation programme in Calabar, Cross River State, Olukoyede emphasised the need for a legal framework to shield whistleblowers from victimisation and eliminate bureaucratic delays in accessing promised rewards.

Represented by the acting Zonal Director for Uyo, Assistant Commander Oshodi Johnson, he noted that only a few countries within the Economic Community of West African States (ECOWAS) have such protections in place. He urged lawmakers to domesticate Article 33 of the United Nations Convention Against Corruption (UNCAC), which provides safeguards for individuals who report corruption.

“The appeal here is that citizens should be more interested in whistleblowing that prevents the stealing of public funds rather than focusing on recovery, because once funds are looted, they may never be fully recovered,” he said.

The call was not the first time Olukoyede had openly supported whistle-blowing in the country. In 2024, while speaking at a gathering of anti-graft stakeholders in Abuja, he urged Nigerians to adopt and actively participate in whistle-blowing as a critical tool in the fight against corruption.

In fact, he emphasised the urgent need for a collective and unwavering commitment to exposing and tackling economic and financial crimes, highlighting that the whistle-blowing policy, introduced in 2016, remains a vital mechanism for ensuring transparency and accountability in Nigeria.

The whistleblower policy was a revolutionary concept that, for the first time, invited all citizens to report wrongdoing through confidential channels and offered rewards of 2.5 to five per cent for credible tips.

The policy recorded early success in 2017 when a tip led to the discovery of over $43 million in cash in an apartment in Ikoyi, Lagos.

Not long after, another eager whistleblower revealed that the former Group Managing Director (GMD) of Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, might be hiding foreign currencies in a house in Kaduna. The authorities discovered approximately $9.8 million concealed in fireproof metallic safes at the said location, although the court later exonerated Yakubu of any wrongdoing.

However, whistleblowers continue to face serious risks – harassment, threats, litigation, job loss, and even death – largely due to the absence of a comprehensive legal framework to protect them. 

In 2024, the Secretary to the Government of the Federation (SGF), Senator George Akume, cast a shadow over these achievements by threatening to jail government employees who leak official documents, a move that could deter whistleblowers and journalists from exposing wrongdoing.

“There is the need to regulate the activities of the civil society organisations that use the Freedom of Information Act to harass, intimidate and siphon resources from public officers through the dissemination of fake and unfounded information. This should be properly addressed by all the practitioners in the communication and related industries,’’ he reportedly said at the time.

Ironically, the Attorney-General of the Federation and Minister of Justice, Chief Lateef Fagbemi, called for the protection of whistleblowers for the success of the anti-corruption war that same year.

According to the AGF who spoke at a seminar commemorating the African Anti-Corruption Day 2024, effective whistleblowing mechanisms can curb corruption in the areas of fraud, money laundering, terrorism financing, breach of international sanctions, inappropriate use of company resources, conflict of interest, insider trading, infractions to competition and antitrust laws, infringement of personal data protection laws, harassment or discrimination in the workplace.

He also identified some of the challenges faced by whistleblowers such as insufficient knowledge of the law and suggested that the National Assembly must have an effective law to protect whistleblowers from risks.

 Freedom of expression, press freedom, and media rights play a crucial role in whistleblowing. These fundamental rights enable whistleblowers and journalists to disclose sensitive information safely, shed light on wrongdoing, and protect the public interest. Respecting these rights promotes an environment conducive to transparency, accountability, and the disclosure of information in the public interest.

While Nigeria’s constitution protects freedom of expression, several laws limit this right. Laws on cybercrime, terrorism, and state secrets have infringed on the work of journalists and the penal code continues to treat defamation as a crime. Relatedly, legislation regulating social media has been proposed in recent years which would severely restrict journalists’ freedom.

The Freedom of Information (FoI) Act 2011 by its intent is a proposition that the era of keeping governance a secret affair has come to an end. But the federal government has continued to hold tenaciously to the Official Secret Act which provides the protection of sensitive official information.

Several attempts have been made in the past to pass a comprehensive protection law for whistleblowers in Nigeria. However, none of these attempts has yielded positive results due to a lack of presidential assent. Civil society organisations should form coalitions to lobby the executive on the economic costs of corruption. The media can launch targeted campaigns for public pressure. Legislators must also secure a two-thirds majority vote to override an executive veto. With these strategies, Nigeria can finally establish a well-defined legal framework to protect whistleblowers.

Many analysts posit that for a whistleblower protection law to be effective, there is a need for capable institutions to oversee all aspects of whistleblowing.

A fellow at the African Liberty, Glory Adelowo argued that one of the reasons why corruption thrives in Nigeria is that the existing fragmented legal provisions for whistleblower protection are scattered across separate laws. These laws, according to her, fail to offer real and unified protection for whistleblowers.

For example, Section 39 of the 1999 Nigerian Constitution (freedom to impart information) provides no real protection against retaliation and harassment. Additionally, this provision lacks an enforcement mechanism that guarantees the safety of whistleblowers. Similarly, Section 27 of the Independent Corrupt Practices and Other Related Offences (ICPC) Act only protects whistleblowers’ identities. This provision offers only a limited safeguard for whistleblowers.

On his part, the African Centre for Media and Information Literacy (AFRICMIL) Coordinator, Chido Onumah, said in the absence of legal protection, whistleblowers faced all kinds of retaliation ranging from stigmatisation and discrimination, dismissal from place of work, criminal sanctions and death in extreme cases for daring to take what is obviously a delicate conscious action.

 The organisation therefore urged the Nigerian government to urgently enact a whistleblower protection law to safeguard individuals who disclose wrongdoing in the public interest.

Going forward, one conversation that should be sustained is how to commit the National Assembly to come up with a legal framework for whistleblowers and how to get the president to assent to the law.

 It is time for Nigeria to ensure adequate legal protection and establish a dedicated unit to make whistleblowing effective in the country. It will immensely help curtail corruption.