Over the years, numerous reforms and efforts have been made to combat corruption and promote public accountability in Nigeria. However, the absence of a comprehensive whistleblowing law has hindered progress. Fundamentally, uncovering corrupt practices in the public sector depends on citizens’ willingness to report misconduct. Yet Nigeria’s current 2016 whistleblowing policy is fragmented. The policy serves as an administrative guideline, offering only transactional rewards and no real protection to whistleblowers. This loophole exposes disclosers to harassment and devastating retaliation from those reported. A non-binding policy like Nigeria’s whistleblowing policy cannot confront systemic corruption or ensure accountability. Nigeria, therefore, needs a comprehensive whistleblower protection law. Dedicated units within existing government agencies are also needed to effectively oversee whistleblowing activities.
The lack of legal protection for whistleblowers fuels a pervasive culture of silence. Although designed as an anti-corruption tool, the 2016 Whistleblower Policy has not had the desired impact on the fight against corruption in Nigeria. The problem is not a lack of witnesses but a structural failure to protect these witnesses. This failure fosters corruption and erodes public accountability.
The existing fragmented legal provisions for whistleblower protection are scattered across separate laws. These laws 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.
Several attempts have been made in the past to pass a comprehensive protection law for whistleblowers in Nigeria. However, none of these attempts have yielded positive results due to a lack of presidential assent. Securing assent requires strategic actions from advocates. Civil society organizations 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 National Assembly majority vote to override an executive veto. With these strategies, Nigeria can finally establish a well-defined legal framework to protect whistleblowers.
Ghana offers a practical model. The country’s Whistleblower Act, 2006 (ACT 720), offers strong and legal protection for witnesses. The act shields whistleblowers from retaliation, guarantees confidentiality, and provides reward funds. While full-scale success stories are still emerging, Ghana’s framework demonstrates the potential impact and benefit of strong legal backing. A similar model can be adopted in Nigeria to create a safe reporting culture. This step will encourage reporting wrongdoing, enhance accountability, and combat corruption.
For a whistleblower protection law to be effective, there is a need for capable institutions to oversee all aspects of whistleblowing. This step is necessary to manage whistleblowing activities effectively, including legal requirements. A law alone is not enough if there are no institutions to receive reports, monitor compliance, and enforce safeguards.
At present, Nigeria lacks such an institution. Creating a new standalone institution can be challenging, as it risks bureaucratic overlap and high costs. Nigeria can establish a whistleblowing unit within agencies such as the Economic and Financial Crimes Commission and the ICPC. This action will facilitate faster reporting of misconduct, timely investigation, and enforceable legal protection for whistleblowers.
The United States of America provides a realistic model for Nigeria. The country’s Securities and Exchange Commission (SEC) has an Office of the Whistleblower. The office receives disclosures, investigates them, and protects whistleblowers from retaliation. Through its Whistleblower Office, the SEC has uncovered major cases of corporate fraud, market manipulation, and accounting irregularities. A similar unit in Nigeria would safeguard whistleblowers and ensure reported wrongdoing is investigated.
The ineffectiveness of the current policy is a barrier to effective protection for whistleblowers. Nigeria must ensure adequate legal protection and establish a dedicated unit to make whistleblowing effective in the country.
Glory Adelowo is a writing fellow at African Liberty.
Article first appeared in The Cable.
Photo by Jakob Braun via Unsplash.