The limits of whistle-blowing

ADMITTEDLY, considering the state of Nigeria’s economy and given that unemployment and under-employment are on the rise, a veritable investment option as it stands today is whistle-blowing. However, like other forms of investment, there are risks attached to this. A foremost casualty is the suspended former House of Representatives Appropriations Committee chairman who made shocking revelations on budget padding in the lower National legislative chambers. Not forgetting Mr. Aaron Akase, a member of staff of the Police Service Commission (PSC) who revealed fraudulent practices in the Commission. Nonetheless, regardless of one’s disposition to the Federal Government’s ‘Change Begins With Me!’ and ‘Corruption Not In My Country!’ campaigns, as patriots, certain civic responsibilities geared towards salvaging the polity’s misfortunes such as whistle-blowing cannot be shunned outright.

The recent order emanating from the presiding Chief Upper Area Court judge, Umar Kagarko of the Federal Capital Territory High Court, Gudu, that Ahmed Echodo be remanded in Keffi prison in connection with the recent raid on the official Guest House of the Deputy Senate President, Ike Ekweremadu , located at No. 10 Ganges Street, Maitama, Abuja, brings to the fore the limits of the viable investment platform: whistle-blowing. Ekweremadu had earlier raised the alarm at the Senate plenary on May 3, 2017 forseeing the raid subsequently carried out on May 27, 2017 which has been tagged an ethnic witchhunt in some quarters. The raid was orchestrated upon the false information allegedly made available by Ahmed Echodo and Maiwa Adamu (whose whereabout is unknown) contrary to Section 97(1) and 140 of the Penal Code Law.

Of late, whistle-blowers’ tip-offs have aided the recovery of proceeds of crime by anti-graft agencies in unbelievable places from despicable individuals both identified and those whose identities are shrouded in secrecy.It follows the unprecedented announcement by the Minister of Finance, Kemi Adeosun, of government’s policy to encourage disclosure of information about any violation, misconduct or improper activity that impacts negatively on Nigerians and government, mismanagement or misappropriation of public funds and assets (e.g. properties and vehicles); financial malpractice or fraud; collecting/ soliciting bribes; corruption; diversion of revenues; fraudulent and unapproved payments; splitting of contracts; procurement fraud (kickbacks and over-invoicing) etc. is laudable. Further, under the novel policy, such disclosure made in good faith could lead to an award of between 2.5% (minimum) and 5.0% (maximum) of the total amount of money recovered.  The minister had opined that the policy serves as a ‘stop-gap initiative’ pending the passage into law of the ‘Bill For An Act To Protect Persons Making Disclosures For Public Interest And Others From Reprisals’, also known as ‘Whistle-blowers Bill’. The Bill was sponsored by Senator Biodun Olujimi (Ekiti South) and is currently being considered by the National Assembly for passage into law. Moreover, there is an existing, though inadequate, framework to curtail bad practices and serious wrongdoing within the Nigerian banking system as captured primarily by the Code of Corporate Governance for Banks and Discount House and Guidelines for Whistleblowing in the Nigerian Banking Industry. It was initially issued in 2012 to promote good corporate governance and mandates banks and non-financial institutions to implement policies to facilitate whistle-blowing.Thus, as far as whistle-blowing is concerned, the private sector is not left out, save for private contracts without an element of fraud.

However, emphasis has been placed on the public sector in recent times. Hence, the Nigerian Customs Service, the Nigerian Armed Forces, Public Corporations, the judiciary and the legislative arms of government have been the worst hit lately. Of note, the policy is aimed at consolidating the ongoing anti-corruption campaign embarked upon by the present administration. And also caters for restitution for any loss suffered upon filing a formal complaint via email: [email protected] or SMS to +234 909 806 7946. Remarkably, in other jurisdictions, there are also measures to encourage whistle-blowing and protection of persons who expose alleged wrongdoing in the form of bribery, fraud, corruption and mismanagement. In South Africa, Ghana and Jamaica, there are legislations that have similarities to that of the United Kingdom, being the Interest Protection Act 1998. Precisely, any information leading to a successful recovery of the stolen loot, under the Whistle Blowers Act, 2006 of Ghana will entitle the whistle-blower to a reward, being ten percent of the amount recovered or the amount of money that the Attorney General shall in consultation with the Inspector-General of Police determines.

Happily, some shortchanged casual workers earning peanuts that have knowledge of practices of organisations or private individuals that are either illegal, immoral or repugnant considering the enormity of same may become millionaires overnight upon a proper implementation of this policy. Again, in other organisations, there could be a cabal that handles top secrets. Be that as it may, for certain, there will be some members who feel shortchanged, jealous, greedy, patriotic or simply with a conscience that wouldn’t flow with improprieties. Whatever the motive behind the disclosure may be, resort can definitely be had to this new policy to expose sharp practices, fraud, or unlawful practice. So, considering the recent remand of Echodo, can whistle-blowing still be considered a viable investment as MMM seemingly appeared in its  prime? In answering this germane question, there are some salient points requiring illumination. Basically, it is unlawful to cause the arrest or prosecution of another when there  was  insufficient  ground  for  causing  the arrest,  or the  accusation   is  false,  vexatious  or  frivolous. This is prohibited and could lead to imprisonment under- S.39 (2) of the Economic Financial Crimes Commission (Establishment) Act 2004, S.64 (3) of the Independent Corrupt Practices and Other Related Offences Act 2000, S. 191 of the Criminal Code, S. 178 of the Penal Code, S. 93 of the Criminal Laws of Lagos State, 2011, S. 323 of Administration Of Criminal Justice Act, 2015, amongst other legislations. Also, this can be a ground to institute a tortuous action for malicious prosecution.

Notwithstanding the aforestated, protection for whistle-blowers can be found in S.39 (1) of the Economic Financial Crimes Commission (Establishment) Act 2004 and S.64 (1) Independent Corrupt Practices and Other Related Offences Act 2000. Not forgetting Evidence Act 2011 which makes illegally obtained evidence admissible. Also, the laws establishing other agencies combating financial crimes provide succour. Likewise, the Freedom of Information (FOI) Act. And not forgetting the Bill on Mutual Assistance in Criminal Matters Between Nigeria and other Foreign States recently passed by the Senate which inter alia seeks to repeal the  Money Laundering Act of 2011(amended in 2012) while expanding the scope of money laundering offences, provide better protection for employees of relevant institutions amongst others. The Whistle-blowers Bill upon passage into law and faithful implementation will further strengthen the framework of whistle-blowing in Nigeria.

• Ogunjobi is an attorney and public affairs analyst